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MISCELLANEOUS
DOCUMENTS AND RECORDS
RELATING TO
NEW HAMPSHIRE
AT DIFFERENT PERIODS:
INCLUDING
I. Journal of the N. H. Convention which adopted the Federal Constitution, 1788.
II. Journal of the Convention which revised the State Constitution in 1791-1792.
III. The Great Controversy relating to the " New Hampshire Grants" (so called), 1749
to 1791 ; including troubles in border towns on both sides of the Connecticut river,
1781-1783.
IV. Letters, &c., of Committee of Safety, 1779 to 1784.
V. Census of 1773.
VI. Census of 1786. «
VII. Appendix, containing copies of Ancient Grants, &c., supplementary to Volume I.
PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW HAMPSHIRE.
VOLUME X.
COMPILED AND EDITED BY
NATHANIEL BOUTON, D. D.,
Corresponding Secretary of the Neio Hampshire Historical Society.
CONCORD, N. H.:
EDWARD A. JENKS, STATE PRINTER.
1877.
ISrOTICE.
JOINT RESOLUTION, passed by the Legislature of New Hampshire.
Resolved by the Seriate and House of Representatives i7i General
Cotcrt convened. That His Excellency the Governor be hereby author-
ized and empowered, with the advice and consent of the Council, to
employ some suitable person, and fix his compensation, to be paid out
of any money in the treasury not otherwise appropriated, to continue
the collection, compilation, and to superintend the publication of such
portions of the early State and Provincial Records, and other State
Papers of New Hampshire, as the Governor may deem proper, not
to exceed one volume ; and that eight hundred copies of the same be
printed by the State Printer and distributed as follows : namely, one
copy to each City and Town in the State, one copy to such of the
Public Libraries of this State as the Governor may designate, two
hundred copies to the New Hampshire Historical Society, and the re-
mainder to be in the charge of the State Librarian, who is authorized
to exchange the same for similar publications issued by other States.
Approved July i8, 1876.
EDITOE'S PEEFACE.
The publication of this tenth volume terminates my official
labors as editor and compiler of the Provincial and State
Papers of New Hampshire. The contents of the volume are
of permanent value, including articles never before published
in full. The Journal of the New Hampshire Convention in
178S, which ratified the constitution of the United States, and
that of the Convention in 1 791-2, which revised the state con-
stitution of 1784, furnish the names of the distinguished men
who composed those conventions, and mark an era in our
history of which the state may justly be proud.
The papers relating to the long controversy with New York
and Vermont, in respect of what w^ere called the '• New Hamp-
shire Grants," form a mass of material which, wrought into a
volume of history with like papers from other sources, will
equal if not surpass any story of our early times.
The letters, orders, &c., sent out by the Committee of Safety
during the latter years of the Revolution, furnish the best evi-
dence on record of the extreme jDrivations of the people, and
the noble patriotism which animated them. The census of
1773, ordered by Governor John Wentworth, and that of 17S6,
ordered by the General Assembly of the state, — neither of
which was ever before published, — exhibit comparatively the
growth of the state between those periods, and also show how
SLAVERY, as it existed in the province before the Revolution,
came to a quiet end. The Constitution of 17S4, in its Bill of
Rights, " spake, and it was done." Slavery vanished without
IV EDITORS PREFACE.
noise, without a single known civil suit, without a ripple of
disturbance or turmoil on the face of society.
In an Appendix to the foregoing Papers, the editor, with
advice of His Excellency, Governor Benjamin F. Prescott,
has thought proper to supplement the first volume of Provin-
cial Papers by several very important documents which have
recently been brought to light. One is what is called the
Squamscott Patent, or the Grant to Edward Hilton of land at
Dover Neck, where a settlement was begun in 1633 ; another
is the Grant of the Province of Laconia, Nov. 17, 1629, which
serves to correct a capital mistake made by our historian. Dr.
Jeremy Belknap, as to the name given to the grant to Gorges
and Mason, in August, 1622, and also the confusion in the first
chapter of his history respecting the Laconia Company and the
Wheelwright Indian Deed.*
In conclusion of his labors, the editor begs leave to renew
his acknowledgments of obligation and gratitude to the Hon-
orable Frederick Smyth, ex-Governor, upon whose recom-
mendation to the legislature the work was undertaken, and to
the several Governors of the state in succession, by whose
encouragement and favor, through eleven years, the work has
been carried forward ; also to the gentlemen, respectively, in
the ofl!ice of Secretary of State, who have afforded him every
desired accommodation to consult early records and papers ;
and no less to the iDresident and officers of the New Hamp-
shire Historical Society, whose advice has frequently been
sought.
However, some errors and imperfections may be detected in
the execution of the work, yet the editor is conscious of having
aimed to accomplish the great undertaking with entire impar-
tiality, and with strict accuracy in the transcript of original
records and documents, adding only such notes and explana-
tions as appeared to him necessary and just. It is gratifying
to the editor, and will be to the people of New Hampshire,
to know that the volumes, as they have been published one
after another, have become at once a standard authority for
reference in matters of history. They are quoted freely by
* See note by the editor, pp. 692, 693; also, Vol. IX, pp. xl, xli.— Ed.
EDITOR S PREFACE. V
historians and writers both in this country and England.
Surviving the decay and ravages of time, they will remain to
instruct future generations in the early history, and in all the
official proceedings and events of the state.
To the candid judgment and acceptance of the People of
New Hampshire, this last volume of Provincial and State
Papers, — as also all the preceding, — is most respectfully sub-
mitted and humbly commended by their obedient servant,
the compiler and editor.
NATHANIEL BOUTON.
Concord, N. H., September, 1S77.
GEIfEEAL COIfTENTS.
Pages
Journal of the Convention which adopted the Federal
Constitution, 1788 1-22
List of Delegates 1-7
Biographical Notes by the Editor 8-1 1
Proceedings of Convention in Exeter, February, 1788 12-15
His Excellency John Sullivan, President 12
Proceedings of Convention in Concord, June, 178S 16-22
Articles proposed as amendments 17, 18
Yeas and nays 18, 19
Adoption of the Constitution 19
Letter from President Sullivan to Gov. John Hancock 22
Journal of the Convention which assembled in Concord
to revise the Constitution of New Hampshire, 1791-1792 23-196
List of the names of members 24-29
Biographical sketches by the Editor* 30-37
Proceedings, organization — Hon. Samuel Livermore, president 38
Rules of procedure 39> 40
Article 6 of Bill of Rights, — motion to strike out — yeas and
nays 41, 42
Articles read and debated, — 19th article 42, 43
General Court — motion to change the time of meeting, &c. . . . 43
House of Representatives — yeas and nays 44, 45
Motion to strike out the religious test or qualificationf 46
Executive power — motion to change the title of president to
governor 47
Motion to reduce the number of the house — yeas and. nays. . . 48-50
Report of Committee on the Senate, »S;c 5i> 52
Oaths and subscriptions — sundry motions 52, 53
Committee appointed to reduce proposed amendments to form 53
* The biographical sketch of Col. Nathaniel Head (p. 32) is not fully correct. There were
two men of the same name. Col. Nathaniel Head, of Pembroke, was from Bradford; died
Oct. 16, 1825, aged nearly 83 years. Nathaniel Head, Esq., of Hooksett, was the grand-
father of Gen. Natt Head; he died Oct. 4, 1829, aged 75. — Ed.
t On page 46, under "Yeas," the name " P. Page" should be D. Page.—Y.t).
Vlll GENERAL CONTENTS.
Pages
Committee on the "Council" and on the journals of both
houses 54
Committee's report on 19th article of Bill of Rights 54
Report of Committee on the Council 55> 5^
Resolves relating to courts, Sec 56, 57
Committee appointed to prepare and report amendments to be
submitted to the people — adjournment $7
Members present at adjourned meeting, February 8, 1792. . . . 58-62
Report of Committee on Alterations and Amendments 63-71
Bill of Rights — articles 19, 20, 39 63, 64
Part II. General Court 64
Senate 65-67
House of Representatives 67
Executive power — governor 67, 68
Council 68
County treasurers, &c 69
Judicial power 69
Oath, &c 70
Constitution as reported by the committee 71-91
Parti. Bill of Rights 71-76
Part II. Form of government 76
General Court 76-78
Senate 78-80
House of Representatives 80-82
Executive power — governor 82-85
Lieutenant governor, council 85, 86
Secretary, county treasurer, &c 86, 87
Judiciary power, clerks of courts 87, 88
Encouragement of literature 88
Oath and subscriptions, &c 89-91
Journal resumed , 91
Report (above) examined and debated in committee of the
whole 91-103
The 39th article in Bill of Rights struck out 91, 92
Proposition to meet in September, November, or January,
negatived 92
'♦ President" changed to governor, lieut. governor denied. ... 92
Biennial sessions and reduction of house denied, increase of
senate 94-96
Judiciary system considered, &c 97-99' io5
Report of sub-committee on amendments 103-106
Proposal to meet annually in October 107
GENERAL CONTENTS. ix
Pages
Reduction of representatives negatived " io8
Sixth article of Bill of Rights amended io8
Division of the state into five senatorial districts 109
Committee to lay the amended constitution before the people —
plan proposed 11 o-i 12
Articles of amendment, sent out to the people 1 13-126
Proposed amendment of article 6th of Bill of Rights 113
Senate, to consist of thirteen 114
Religious qualification of "the Protestant religion '^
omitted 116, 118, 119, 121
Constitution with articles of amendment incorporated 1 26-141
Return of votes on the amendments 141 , 142
Further action of convention 142, 143
Further amendments to be sent out to the people, reports of
committees 144-152
Articles as sent out 152-164
Senate to consist of twelve members, and annual meeting
of legislature in June 153
Religious qualification of "Protestant religion" included 153, 156
Return of votes on the proposed amendments 166, 167
Constitution approved by the people 167-196
Convention dissolved 168
The Controversy relating to the "New Hampshire
Grants," so called, from 1749 to 1791 197-500
SECTION I.
Controversy with New York in relation to Boundary 199-215
1749.
Nov. 17. Letter from Gov. Benning Wentworth to the gov-
ernor of New York 199
1750. Minutes of the Council of New York, April 3 200
Apr. 25, Letter from Gov. Benning Wentworth to Gov. Geo.
Clinton 201
June 6. Letter from Gov. Clinton to Gov. Wentworth 202
June 22. Letter from Gov. Wentworth to Gov. Clinton 203
July 25. Letter from Gov. Clinton to Gov. Wentworth 203
List of Grants, by Gov. Benning Wentworth, west
of Connecticut river, between 1749 and 1764. .. 204-207
1763. Proclamation by Gov. Colden, of New York 207
GENERAL CONTENTS.
Pages
1764. Pro'clamation by Gov. Wentworth, of New Hamp-
shire, March 13 208-210
Gov. Colden's statement to the Lords of Trade, in
England, Jan. 20 211-215
SECTION II.
1768. Proceedings relating to the New Hampshire
Grants under the administration of Gov.
John Wentworth 215-221
Oct. 18. Memorial of John Wendell 215-217
Extract from Mr. S. Johnston's letter 216
1771.
Oct. 19. Extract from Gov. John WentwortlVs letter to Gov.
William Tryon, of New York 217-220
Dec. 23. Letter from Gov. Tryon to Gov. Wentworth 220, 221
SECTION III.
Brief history of the controversy, by Dr.
Jeremy Belknap 221-228
SECTION IV.
Discontent in the border towns of New
Hampshire east of Connecticut river 228-241
Note by the Editor 228
1776.
Dec. 16. Extract from a letter of Hon. Meshech Weare to
N. H. delegates in Congress 228
An address "of several towns, &c., to the people at
large 229-235
State of New Hampshire — to the selectmen of
Hanover 235
Proceedings at town-meetings 236-241
Meeting at Hanover 236
Nov. 25. Meeting at Lyme 237
Dec. 9. Meeting at Acworth 238
Dec. 1 1 . Marlow — petition 239
Dec. 12. Chesterfield — instructions 239
Dec. 13. Haverhill, and other towns 240
GENERAL CONTENTS. Xl
Pages
SECTION V.
Vermont assumes government — New York
OPPOSES 241-252
Note by the Editor 241
1777.
Jan. 15. Declaration and petition of inhabitants of the New
Hampshire Grants to Congress 242-246
His Majesty's order prohibiting more grants of
land, &c 243
Jan. 20. Minutes of New York Committee of Safety 246-249
Jan. 20. Letter of Committee of Safety, New York, to John
Hancock 249, 250
Mar. I. Letter from Abraham Tenbroeck to John Hancock 251
April 7, 8. Orders of Congress, &c 252
SECTION VI.
Vermont asks aid from New Hampshire 253-255
July 15. Letter from Ira Allen to N. H. Com. of Safety. . , . 253
July 15. Letter from Ira Allen, for hastening on troops 254
July 19. Letter from Meshech Weare in answer to the above* 255
1778. Proclamation of Gov. George Clinton of New York,
Feb. 23 256-258
A pamphlet signed "Republican," containing
observations on the right of jurisdiction, &:c. . 259-267
An address in answer to the foregoing, by " Pacifi-
cus," 268-270
SECTION VIL
First attempt of border towns in New Hamp-
shire TO unite with Vermont 272-295
Notes by the Editor on the boundary lines 272-274
The Mason line determined by the legislature,
1787 274-276
1778. Sixteen towns east of Connecticut river propose to
unite with Vermont 276
June 25. Letter from Nehemiah Estabrook to Meshech
Weare about said union 277
* Page 255. The word "-Colonies" in this article should be Colonels, — Ed.
XU GENERAL CONTENTS.
Pages
1778.
Aug. 19. Letter from Meshech Weare to N. H. delegates in
Congress touching said union 278
Aug. 22. Letter from Meshech Weare to Gov. Chittenden
of Vermont 279-281
Oct. 10. Report of Gen. Ethan Allen on the said subject to
the General Assembly of Vermont 282-284
Oct. 2 1 . Action of Vermont Assembly thereon 284
Oct. 22. Protest of members respecting towns east of Con-
necticut river — signers' names 285, 286
Oct. 23. Letter from Gov. Thomas Chittenden to Meshech
Weare relating to said sixteen towns 287
Oct. 23. Letter from Ethan Allen, relating to the same. . . . 287, 288
Oct. 23. Letter from the Convention at Windsor, signed by
Joseph Marsh, to Henry Laurens, President of
Congress 289, 290
Biographical notes on Elisha Payne, Joseph Marsh,
and John Wheelock 288, 290, 291
Nov. 4. Communication from Ira Allen to the General As-
sembly of New Hampshire, expressing his
views, &c 291-294
Nov. 5. Letter from Meshech Weare to Thomas Chitten-
den, on the visit of Ira Allen, &c. (note) 294
Letter from Meshech Weare to Ethan Allen 295
A Paaiphlet entitled "A Public Defence of the
right of Nev/ Hampshire Grants on both sides
of the Connecticut river to form themselves in-
to an Independent State." — Dresden: Printed
by Alden Spooner, 1779* 296-324
SECTION VIII.
Measures to form a new State, of Towns
WEST OF Connecticut River 3^5-335
Dec. 9. Resolves of a Convention at Cornish 325
Dec. 12. Letter from Ira Allen to Meshech Weare, relative
to the existing state of affairs 327
Nov. 27. Address, by Ira Allen, to the inhabitants of the
state of Vermont 329-332
* A few verbnl errors have been detected in the transcript of this pamphlet, which readers
if they please, may correct as follows : P. 305, first line, for " alterations," read altercations;
p. 307, fifth line from bottom, insert /m^f after " they; " p. 309, fourth line from top, for " re-
gal," read royal; p. 311, eleventh line from top, for "Government," read Governor; p. 312,
seventeenth line from bottom, for "sure," read soon; p. 323, eighteenth line from top, after
" in," read the ap/>oi?itment of. — Ed.
GENERAL CONTENTS. Xlll
Pages
1779.
Feb. 12. Final dissolution of the union of towns east of Con-
necticut river with the state of Vermont 333
Feb. 26. Letter from Thomas Chittenden to Meshech Weare,
relating to the foregoing, &c 334
Mar. 4. Letter from Ethan Allen to Meshech Weare 335
SECTION IX.
Proposal to unite all the New Hampshire
Grants with the State of New Hamp-
shire 336-341
Mar. 17. Petition of Jacob Bailey and Davenport Phelps, re-
lating to a connection of all the New Hamp-
shire Grants with the state of New Hamp-
shire 336
Apr. 2. Proceedings of the Legislature of New Hampshire
on the foregoing petition 337
Apr. 23. Proposal of sundry matters to the town of New-
bury, by order of a committee, &c 33^
May. Returns from Hartford, Moretown, and Peacham. . 339, 340
June 3. Col. Olcott and Beza. Woodward, agents 341
SECTION X.
Reference to Congress of matters in Con-
troversy 341-354
June I. Resolves of Congress respecting the New Hamp-
shire Grants 34^
June 3. Letter from Thomas Chittenden to Meshech Weare
respecting a jurisdictional claim of New Hamp-
shire to the territory of Vermont 342
June 4. Appointment and Instructions of Ira Allen as
agent, &c ^ 343
June 24. Action of General Assembly on the foregoing 344
July 13. Address by Ira Allen to the Inhabitants of Vermont
relating to the aforesaid affairs 345-351
Sept. 24. Resolves of Congress respecting the New Hamp-
shire Grants 35^-354
Oct. 2. Further Resolves in relation to the same 354
XIV GENERAL CONTENTS.
Pages
1779.
Oct. 12. Letter from Woodbury Langdon, delegate in Con-
gress, to Meshech Weare, respecting Vermont, 355-358
Note by the Editor — " Sundry articles to be com-
plied with " 358
Letter to the committee appointed by Congress to
meet at Vermont 360
Letter from Samuel Huntington, Pres. of Congress,
to Meshech Weare, June 6, 1780 361
Resolutions of Congress in relation to affairs in the
New Hampshire Grants 361, 362
Letter of Joseph Marsh, Peter Olcott, and Beza.
Woodward to the President of Congress 2^;^
Letter from Beza. Woodward to Samuel Livermore 365
Letter from Thomas Chittenden to Pres. Samuel
Huntington respecting sundry acts of Congress, 366-371
Aug. 30. Beza. Woodward's petition in behalf of people above
Charlestown, N. H., Grants 371-374
Aug. 31. Another letter from Beza. Woodward, relating to
N. H. Grants 374, 375
Sept. 16. Letter from John Sullivan, delegate in Congress,
to Meshech Weare, relating to affairs in Ver-
mont 37S-377
Nov. 6. Letter from Jacob Bailey to Meshech Weare, rela-
ting to Vermont, Canada, &c 377-379
Oct. 30. Extract of a letter from Ira Allen, at Otter Creek,
to Capt. Safford, at Bethel, east of the moun-
tains 279
Nov. 22. Letter from Gen. Bailey to Meshech Weare rela-
ting to the same affairs 379, 380
July
3
1780.
June
2
July
20.
July
July
25.
25.
SECTION X.
Fresh measures to form a new State on
both sides of the connecticut river 381-4oo
Convention at lYalpole, Nov. 15, 16, 1780 381-383
Dec. 12. Letter from Thomas Chittenden to Meshech Weare,
inclosing a copy of his letter to Congress of
25th July 384, 385
1781. Resolutions of the General Assembly of New Hamp-
shire, Jan. 13, 1781, instructing its delegates
in Congress 385
GENERAL CONTENTS. XV
Pages
I781.
Feb. 3. Letter from Joseph Fay to Meshech Weare, accom-
panying the letter of Gov. Chittenden 386
Convention at Charlestown, Jan. 16, 1781— Note —
Origin of Convention 3^7
Journal of said Convention, Jan. 16-18 3SS-393
Protest of a minority of the delegates, Jan. 18 393, 394
Secret history of the Convention, by Ira Allen. . ^. 394-39^
Feb. 10. Note by the Editor— Letter from Elisha Payne to
the General Assembly of Vermont 39^
Feb. 22. Rules* of Negotiations, or terms of Union 397
Apr. 5. Result of submitting the abovesaid terms of Union
to the towns specified— List of Towns, f &c. . . 398, 399
Members from towns east of Connecticut river 400
SECTION XI.
Disputed Jurisdiction 401-430
June 20. Letter from President Weare to the delegates of
New Hampshire in Congress, June 20, 1781,
relating to existing difficulties 401
July 10. Letters from John Sullivan to Meshech Weare on
the same subject 402, 403
Aug. 7. Letter from Timothy Ellis to the N. H. Committee
of Safety 404
Aug. 7. Resolves of Congress respecting a decision of the
disputes relating to N. H. Grants— Committee
of Congress 4o5' 4^6
Aug. 21. Letter from Samuel Livermore, delegate in Con-
gress, to Meshech Weare 4^7
Letter from several inhabitants of Haverhill (Coos)
to the Committee of Safety, N. H. [No date] 407, 408
Aug. 25. Memorial of sundry inhabitants of Chesterfield to
the Council and House of Representatives, re-
lating to the revolt of sundry towns — Names. . 409, 410
Sept. 21. Proceedings of a meeting of persons from ten
towns in Cheshire county, at Keene, Sept. 21,
1781 411
Oct. 2. Letter from Samuel Livermore to Meshech Weare, 412
Oct. 12. Memorial of John Clark, of Landaff, to the Com-
mittee of Safety, relating to hardships, in-
sults, &c 412-416
* Page 397, for " Result," read Rules.— Ed.
fFor " Newport (Vt.)," read Reuport.— Ed.
XVI GENERAL CONTENTS.
Pages
1781.
Oct. 13. Petition of inhabitants of LandafF for aid and pro-
tection 416
Oct. 19. Action on the Memorial of John Clark 417
Oct. 17. Report of a Committee of Congress, to whom was
referred certain papers relative to New Hamp-
shire 41 8-422
Oct. 16-19. Report of the Council and Assembly of Vermont
on the Report of the Vermont delegates to
Congress 422-426
Oct. 22. Smnmons to Daniel Shattuck, &c 426
Oct. 27. Elisha Payne to Meshech Weare, transmitting res-
olutions relating to Commissioners, &c 427
Oct. 27. Commission for the settlement of boundary lines,
&c 428
Oct. 27. Proclamation of Thomas Chittenden for a day of
Public Thanksgiving 429
SECTION XII.
Collision in Border Towns 430-485
Note by the Editor 431
Nov. 15. Letter from Gen. Benj. Bellows to Meshech Weare,
relating to troubles in that part of the state 431
Substance of complaints against Nathaniel Bingham
and John Grandy by Samuel Davis 432, 433
Nov. 12. Warrant to apprehend John Grandy, Jun 433
Nov. 12. Warrant to apprehend and secure in gaol Nathaniel
Bingham 434
Nov. 16. Petition of Nathaniel Bingham and John Grandy,
Jun., to the Council and House of Representa-
tives, N. H 435
Nov. 16. Statement of facts by Nathaniel Bingham 436
Nov. 28. An act empowering the sheriff of the county of
Cheshire to release certain persons from prison
in Charlestown 437-439
Nov. 29. Mittimus for committing Col. Enoch Hale to pris-
on 439, 440
Nov. 29. Letter from Gen. Bellows to Meshech Weare, in-
forming him of the imprisonment of Col. Hale 440, 441
Dec. I. Letter from Samuel King to Col. Chamberlain and
others on the abovesaid matters 441-443
GENERAL CONTENTS. XVll
Pages
I781.
Dec. 2. Letter from Col. Wm. Haywood to Capt. Phineas
Hutch ins (with a copy of Sheriff Page's ex-
press) 443
Dec. 5. Letter from Michael Cressey, of Chesterfield, to
Gen. Bellows 444
Dec. 5. Orders* to raise the body of Alilitia to release Col.
Enoch Hale from prison 444-449
Dec. 12. Letter from Col. Enoch Hale, sheriff of the county
of Cheshire, to Meshech Weare 449
Dec. 14. Letter and order from Thomas Chittenden to Elisha
Payne 450
Dec. 14. Letter from Thomas Chittenden to Wm. Page. ... 451
Dec. 15. Instruction from Gov. Chittenden to Ira Allen re-
specting boundary lines 451
Dec. 18. Letter from Samuel Livermore to Pres. Weare,
relating to proceedings in Congress 452
Dec. 21. Letter from Elisha Payne to Pres. Weare, propos-
ing amicable measures 453
Dec. 21. Order of Elisha Payne to Roger Enos and Wm.
Page 454
Dec. 22. Letter from Enoch Hale, in person, to President
Weare, respecting an adjustment, &c 455
Dec. 27. Warrants from Josiah Bartlett to arrest certain
persons 456-459
Dec. 27. Report of Committee of N. H. House of Represent-
atives about admitting Wm. Page to bail 459, 460
Dec. 29. Letter from Ira Allen to Josiah Bartlett, requesting
a copy of N. H. Acts and Resolutions 460
Dec. 29. Joint Letter of Ira Allen and Roger Enos to Josiah
Bartlett 461
1782.
Jan. I. Letter from Samuel Livermore to President Weare,
relating to " Vermonters '' 461
Jan. I. Letter from Gen. Washington to Gov. Thomas
Chittenden, relating to the N. H. Grants (see
p. 227) 462-464
Jan. I. Reward offered for taking Samuel King 464
Jan. I. Letter from Capt. Joseph Burt to Pres. Weare 465
Jan. 2. Letter from Gen. Bellows, relating to the rescue of
Samuel King by a mob 466
*Page 444, seventh line from bottom, for " Records in Secretary's office," read Letters in
Library o/N. H. Hist. Soc. — Ed.
XVlll GENERAL CONTENTS.
Pages
1782.
Jan. 7. Letters of Committee of Safety — AYarrant to arrest
Nathaniel S. Prentice 467
Letters from Meshech Weare to Samuel Livermore,
relating to troubles in border towns and to
taxes 468-473
Jan. 8. Letter from Wm. Page, in gaol at Exeter, to Elisha
Payne 473-475
Jan. 8. Resolve to send an armed force to the western part
of the state* 475
Jan. 10. Proportion of men to be raised 476
Jan. 10. Col. Charles Johnston and Col. David Page to raise
scouting parties, &c.. Gen. Sullivan to take
the chief command of forces, &c 477
Jan. 8. Letter from Samuel Livermore to Pres. Weare.. . . 478
Answer of Pres. Weare to the same 479
Jan. 10. Letter from Gen. Bellows relating to Doct. Wm.
Page 479
Jan. II, 12. Letters from Col. Enoch Hale relating to the
rescue of Esq. Giles, and his own seizure by a
mob, &c 480-483
Jan. 14. Petition of inhabitants of Claremont, praying for
relief, &c 483
Mar. 26. Letters from Samuel Livermore to Pres. Weare,
and note by the Editor 484, 485
SECTION XIIL
Border towns unsettled 486-500
May 31. Resolutions passed by committees of certain bor-
der towns, with a memorial to the General
Assembly of N. H 486-489
June 21. Action of General Assembly thereon 489
July 2. Letter from President Weare to Gov. Clinton of
New York, relating to said memorial 490
July 30. Letter from Thomas Sparhawk and Benj. Bellows
on affairs in Cheshire county 491-493
July 31. Letter from Doct. Wm. Page to Pres. Weare 493
Nov. 7. Request of selectmen of Newbury for jurisdiction
of New Hampshire to be extended over them 494
* Page 475. In note at the bottom, for " which no doubt was issued at the time," read
which perhaps was fiever issued. — Ed.
1782.
Dec. II.
^7^3-
Jan. 16.
Feb. II.
GENERAL CONTENTS. XIX
Pages
Letter from P. White and John T. Gihiian, in Con-
gress, to Pres. Weare 495
Letter from John Taylor Oilman to Meshech Weare 496
Letter from Enoch Hale to Meshech Weare, rela-
ting to difficulties in Cheshire county 497
Note by the Editor 498
All act of Congress for the adniission of the State
of Vermont into the Union 499, 500
Letters, Orders, &c., by the New Hampshire CoMxMittee of
Safety, 1779 to 1784 501-620
(Copied from a MS. volume in the Library of N. H. Hist. Soc.)
[Note. Readers will perceive that the letters and orders which follow are
so various and numerous that it is very difficult to analyze them, or to de-
scribe their contents in few words. The editor therefore only makes a
minute of the dates, with the persons to whom addressed, when known,
and with a few words indicating the matter.]
1779.
Jan. 9. To a committee in Alstead — about counterfeiters. . 503
1780.
Feb. 19. To officer in charge of continental stores in Coos.. 503
Mar. 7. To Jacob Cuyler, Esq 504
Mar. 31. To Maj. Joseph Bass, clothier, &c 504
Apr. 28. To Hon. Jerem. Powell, relating to Eastern expe-
dition 505
Apr. 28. To Messrs. Peabody and Folsom, in Congress. . . . 505
May 12. To Col. Jonathan Chase — order to raise 60 men. .. 506
May 12. " " " relating to the same 507
May 26. Resolve of Oeneral Assembly, relating to wheat and
flour 507
May 26. To President Powell of Tvlassachusetts, relating to
attack on Canada 508
May 27. To Jacob Cuyler, Esq., relating to paying drafts. . 508
May 27. To committee of Haverhill, about trade with Indians 509
May 27. Order about raising men 509
May 27. To Messrs. Peabody and Folsom, relating to taxes 510
XX
GENERAL CONTENTS.
Pages
1780.
May 27. To James Underwood, respecting forfeited lands. . 511
June 2. To Col. Nichols and Mr. Underwood, respecting
forfeited lands 511
June 2. About purchasing rum 511
June 24. To Capt. Neh. Houghton, about mustering men. . 512
June 28. To Major Childs, about purchasing wheat 512
June 28. To Col. Stephen Peabody, about mustering men. . 512
June 30. To relating to purchase of horses 513
July — To Maj. Benj. Whitcomb, to take command of
forces 514
July I. To Col. Hunt, relating to purchase of horses 514
July I. To about recruits and supplies for the army 515
July 6. To relating to supplies, &c 516,517
July 13. To Nicholas Gilman, Rec. General 517
July 15. Relating to powder, beef and rum, and seamen... 518
July 15. To Noah Emery, Jr., — instructions, &c 518
July 18. To Doct. Pelet'h Warren, request to act as surgeon 519
July 18. To Capt. Eliphalet Giddinge, about forwarding
beef cattle 520
July iS. To Capt. Samuel Reynolds, order to proceed to
Connecticut river 520
July 26. To Hon. James Bowdoin, president of Massachu'ts 520
July 20. To Col. Stephen Evans, orders to march, &c 521
July 28. To Samuel Livermore, Esq., agent, relating to N.
H. Grants 521
July 29. Hon. John Langdon, delegate to Boston, about
the war, &c 522
Aug. 2. To Jacob Cuyler, Esq., excuse for non-payment of
drafts 523
Aug. 5. To Samuel Livermore, relating to N. H. Grants. .. 524
Aug. 10. To Capt. Shubael Geer, instructions 524
Aug. 10. To Mr. Jona. Martin, instructions* 525
Aug. 12. To Maj. B. Whitcomb, instructions 525
Aug. 12. To Doct. Phelps, to act as surgeon 526
Aug. 19. To Jedediah Jewett, to procure a horse for Gen.
Sullivan 526
Aug. 19. To Capt. Josiah Moulton and Col. S. Folsom 527
Aug. 19. To Col. Joshua V/entworth 527
Aug. 19. To the Board of War 527
Aug. 23. To Capt. Eliphalet Giddings, to collect beef cattle 527
* Fourth line from top, the word " amount" should be account. — Ed.
GENERAL CONTENTS. XXI
Pages
1780.
Aug. 23. To Eph. Blaine, Esq., about beef cattle 528
Sept. 7. Muster master's returns 528, 529
Sept. 8. To Capt. Sam'l Gilman, trustee of Gov. Went-
worth's estate 529
Sept. 6. To Major Child, about supplies, &c 529
Nov. 18. To Col. David Webster and John Millen, Esq., to
forward supplies 530
1781.
Feb. 9- To Francis Blood, Esq., on provisions for Cols.
Nichols and Ellis 531
Feb. 9. To Col. Hunt, relative to the same 531
Feb. 9. To Cols. Nichols and Ellis, do. do 532
Feb. 12. To Col. Jabez Hatch, about a continental stable. . 532
Feb. 8. To Selectmen relative to collecting taxes. . 533
Feb. 15. Orders to Lts. Bezaleel Howe and Jos. Boynton, to
forward recruits 534
Feb. 17. To Joseph Gilman, Esq., about settling accounts. . 534
Feb. 17. To Capt. Eliphalet Giddinge, do. do 534
Mar. 2. To Col. Supply Clapp, do. do 535
Mar. 9. Col. Timothy Ellis and Gen. Moses Nichols, to
supply troops 535
Mar. 9. To Francis Blood, Esq., to furnish supplies 535, 536
Feb. 16. Orders to Sam'l Wells, Serj. Major, about forward-
ing men 536
Mar. 31. Orders to Lt. Beza. Howe, Joseph Boynton, and
Sam'l Wells, about forwarding recruits and
clothing ^^^y
Apr. 7. To Charles Johnston, Esq., and James Woodward,
relating to lands of absentees 537
Apr. 12. To Eliphalet Hale and Geo. Dame, inspectors of
shoes 537
Apr. 12. To Lt. Col. Sam'l Chase, to rent lands of absen-
tees 538
Apr. 13. To Capt. Ebenezer Dearing, to raise a company for
the defence of Piscataqua harbor 538
Apr. 14. Hon. John Wentworth, Jun., a Delegate to Con-
gi'ess 539
Apr. 19. To Col. Sam'l Chase, about renting farms of absen-
tees 539
Apr. 19. Relating to raising men for western frontiers 540
Apr. 19. To Moses Dow, Esq., Commissary of Purchase... . 540
Apr. 19. To Lt. Jona. Ring, order about rations 541
XXll GENERAL CONTENTS.
Pages
To Col. Charles Johnston, relating to troops for
western frontiers 541
To Gen. Benj. Bellows 542
To Matt. Patten and Thomas Sparhawk, Judges of
Probate 542
To Jedediah Jewett, sundry directions 543
Orders to Captain Ebenezer Bearing 543
Orders to Lt. Col. Dearborn and Jedediah Jewett,
relating to payment of soldiers 544
Orders to Francis Blood, Esq., to make returns of
provisions, &c 544
Order to Col. Joshua Wentworth to muster sol-
diers 545
Orders to Capt. E. Giddinge, F. Blood, and Col.
Samuel Hunt, about forwarding beef cattle. . . 545, 546
To Gov. Jona. Trumbull, relating to a counterfeiter 547
Orders to Lt. Joshua Merrow, relating to the same 547, 548
Order to Capt. M. Woodward to send prisoners to
Boston 548
To Maj. Gen. Folsom, relating to travel money. .. 549
To Lt. Joseph Huntoon, relating to deserters 549
Order to Francis Blood, Esq., relating to supply of
beef. 549
July 6. To Selectmen of Portsmouth, about a supply of
rum 550
July 12. Order to Noah Emery, Esq., about beef cattle 551
July 19. To Stephen Harriman, relating to land purchased
by Gen. Stark 551
July 20. To Capt. Ebenezer Bearing, relating to Beserters
and trial by Court Martial 551
July 20. To Francis Blood, relating to supply of beef cattle 552
July 27. Agreement with John Balch as post-rider 553
July 28. Order to Col. Timothy Ellis and others to raise
scouting parties 553, 554
July 28. To Col. Samuel Hunt, relating to supply of the
^rmy 554
Aug. 3. To Thos. Bickford, about beef on hand 555
Aug. 3. Memorial of soldiers in forts asking relief 555
Aug. 10. Petition from Conway, a company of soldiers sent 555, 556
Aug. 10. To Col. Charles Johnston, to forward soldiers to
Coos 557
I78I.
Apr.
19.
Apr.
19.
Apr.
21.
Apr.
27.
May
4-
May
4-
May
5-
May
4-
May
25.
May
25.
May
26.
July
5.
July
5-
July
5-
July
6.
GENERAL CONTENTS. XXlll
Pages
1781.
Aug. II. To Col. Timo. Ellis, relating to troubles in border
towns 557, 558
Aug. 18. To John Hopkins, Esq., relating to a Dep. Com. of
prisoners of war 558
Aug. 18. Warrant to apprehend Robert Young 559
Sept. II. To Lt. Col. Daniel Runnels, about marching orders 559
Sept. II. To Cols. Wentworth and Evans, do. do 560, 561
Sept. 14. To John White, Jr., to take charge of rum, &c 561
Sept. 26. Orders to Lt. Col. Raynolds, to march to Charles-
town No. 4 561
Sept. 26. Orders to Capt. Dan'l Gordon, relating to the same 561
Sept. 27. Orders to Col. Wentworth and others, relating to
the same 562, 563
Sept. 27- To Col. Samuel Hunt, to furnish supplies 563
Sept. 27. To Francis Blood, Esq., do. do 564, 565
Sept. 27. Orders to Lt. Col. Raynolds, about supplies. 565
Sept. 28. To Gen. Bellows, do. do 565
Sept. 28. To Col. Charles Johnston, do. do 566, 567
Sept. 29. To Maj. Gen. Heath, relating to troubles in border
towns 567, 568
Oct. 6. To Francis Blood, Esq.,
Oct. 6. To Col. Samuel Hunt,
Oct. 6. To William Page, — all relating to supplies for
Charlestown 568-570
Oct. 13. To Col. David Page and Jos. Whipple, to discharge
men 571
Oct. 25. To Capt. Moses Woodward, about prisoners of
war 571, 572
Warrants to apprehend horse thieves 572, 573
Letter from Hon. Matthew Thornton 573, 574
Letter to President Hanson about delegates in Con-
gress 575
•
To Israel Morey, to deliver records, &c 575
Our troops at Saratoga in want of rum, &c 576
A guard to be placed at the Great Island 577
Letter to Hon. S. Livermore, in Congress, relative
to settling accounts, &.c 577
Inquiry to be made about supply of provisions S7^
Letter to Hon. S. Livermore, about currency and
taxes 57S-581
Nov.
2.
Dec.
29.
Dec.
10.
1782.
Jan.
18.
Jan.
26.
Feb.
2.
Feb.
4-
Feb.
6.
Feb.
23-
XXIV GENERAL CONTENTS.
Pages
1782.
Mar. I . A suspected person at Londonderry 581
Mar. 20, 26. Lands of absentees to be rented 581, 582
Apr. 6. Recruits at Charlestown and Amherst to be sup-
plied, &c 582, 583
Apr. 4. Warrant to apprehend CoL Jona. Greeley 583
Apr. 5. Muster masters appointed 584
Apr. 12. Jonathan Greeley put under bonds 584, 585
Apr. 20. Provision for recruits in the army 586, 587
Apr. 27. Settlement of Pay Roll 586
May 4. Payment for excise on spirituous liquors 587
June 8. Guard against an attempt to destroy a ship at Ports-
mouth 588
June 14. Muster masters to fill their quota of men 588, 589
July 6. A scouting party under Joseph Whipple, Esq 589
July 12. Order to Capt. Salter to raise men, &c 590
July 19. Order to fill the quota of men for the army 590, 591
July 20, Notice to Capt. John Jennison about beef 591
July 20. Order to Jedediah Jewett, &c 592
July 30. Time extended to Gilmanton to make up deficiency 592
Aug. 3. Letter relating to border troubles 592, 593
Aug. 3. Letter to Capt. John Jennison about supply of beef
cattle 594
Aug. 3. Letter to Doct. Wm. Page about recognizance. . . . 594
Aug. 17. Orders relating to beef cattle 595
Aug. 23. Order in behalf of Gilmanton, &c 595
Aug. 23. Orders to Jedediah Jewett relating to beef cattle. . 596
Aug. 29. Order to Francis Blood, relating to beef cattle. . . . 596
Sept. 13. The selectmen of Amherst to settle account 597
Sept. 19. Extent against the town of Cornish suspended. . . . 597
Sept. 20. Richard Jenness, Benj. Butler, John White, to set-
tle for excise 598
Sept. 26. Danger to Piscataqua harbor apprehended 599
Sept. 26. About pasturing for cattle 599
Sept. 27. Answer to Memorial from Dartmouth College 600
Oct. 4. Letter to John White to settle for rum, &c 600
Oct. 5. Order relating to Capt. John IMcGray 600
Oct. 25. Order to Capt. Ebenezer Fry 601
Oct. 19. Edward Wade on furlough, &c 601
Oct. 19. Order about beef cattle 601
Nov. 22. Maj. Caleb Robinson appointed muster master. . . . 602
Nov. 22. Order to Isaac Williams about issue of provisions . . 602
GENERAL CONTENTS. XXV
Pages
1782.
Dec. 5. Jesse Christy to be taken into custody 603
Dec. 7. Order about beef cattle 603
Dec. 7. Tlie Board of War to examine accounts, &c 603
Dec. 13. Jesse Christy allowed liberty of the yard 604
Dec. 13. Recruits to be mustered and supplied 604
1783-
Jan. 3. Orders to Capt. Titus Salter 605
Jan. II. Order to Nicholas Oilman, Esq., Rec. Gen 605
Jan. 24. Letter to Joseph Whipple, Esq., relative to tax. . . . 606
Mar. 6. Letter to Hon. John Hancock, relating to dele-
gates, &c 606
Mar. 6. Lands of John Tufton Mason not be sold 607
Mar. 7. Stephen Gorham, Esq., commissioner to settle ac-
counts 607
Mar. 13. Col. Samuel Chase to rent lands of absentees 608
Mar. 2 1 . Letter to Gen. John Stark 608
Apr. 4. Order relating to Col. Geo. Reid 608
Apr. 10. Nicholas Oilman, Esq., deceased 609
Apr. 25. Jesse Christy discharged from gaol 609
May 16. Bridge to Janvrin's Island to be sold 610
May 23. British vessels to be entered 610
June 6. Settlement with N. H. troops — Depreciation 610, 611
July 1 1 . Order for removal of barracks, &c 612
July II. Order to enlist five effective men 612
July 25. Summons to answer for removal of powder 613
July 26. Hon. John Langdon desired to go to Congress 613
July 31. The town of Pembroke discharged from extents,
&c 613
Aug. 9. Order to inspect salt beef, &c 914
Aug. 16. Order to Enoch Hale, sheriff, about extents 614
Aug. 29. Permission for Dorothy Nelson to visit Portsmouth 615
Aug. 29. Permission for Abigail Robertson to visit Ports-
mouth 615
Oct. II. The town of Salem discharged from extents 615
Nov. 21. Excise on spirituous liquors at public vendue — Con-
ditions of sale — Committee for, &c 616-618
Dec. 25. Order to the Naval Officer respecting gunpowder. . 618
1784.
Jan. 3. Accounts for raising 2d Regiment to be settled 61S, 619
Jan. 23. Order relative to certain counterfeiters 619
Mar. 25. Letter to John Langdon, relating to free trade. . . . 620
May 14. Letter to John Sullivan about want of money 620
XXVI GENERAL CONTENTS.
Pages
Census of 1773 621-636
Note by the Editor — Letter of Hon. A. H. Cragin 622, 623
Form of order — schedule for returns 624
Returns from Rockingham County 625-627
Returns from Strafford County 628, 629
Returns from Hillsborough County 630, 631
Returns from Cheshire County 632, 633
Returns from Grafton County 634, 635
Summary of returns by counties — total 636
Census of 1786 637-689
Note by the Editor ^yj
Resolution and form of order for the census 638
Returns by counties, in alphabetical order of towns 639-651
County of Rockingham — Towns 639-65 1
Summary of returns from yj towns in Rockingham County. . . 651
Notice. By a misprint, the total number of inhabitants in Rockingham
county is put down in the summary at 48,431. This is an error, which readers
will please correct. The true number is 32,138. — Ed.
County of Strafford — Towns 652-657
Summary of returns from eighteen towns, 13,877 657
County of Hillsborough — Towns 658-670
Summary of returns from thirty-five towns, 25,933 670
County of Cheshire 671-679
Summary of returns from twenty-four towns, 15,160 679
County of Grafton 679-688
Summary of returns from twenty-four towns, 8,344 688
Summary of returns by counties 689
Appendix 691-703
Note by the Editor 693, 694
Grant of the Province of Laconia 693-696
The Squamscott or Hilton's Point Patent 697-700
The Dover Combination 700, 701
Letter from Thomas Wiggin to Sir John Cooke 701-703
ERRATA.
Some errors of dates and names have been detected in Vol. IX,
which readers will please correct as follows :
Errors in Vol. IX.
P. 145, under the head of Cornish, the word "Hartford" should in
every case be Hertford.
P. 303. Gilsum was incorporated July 13, 1763, instead of "July 6."
It was first called Boyle, granted Dec. 28, 1752, and settlement
probably begun as early as 1754.
P. 826. Campton was first granted Oct. 9, 1761, regranted Jan. 5,
1767, settlement begun about 1765.
P. 827. Haverhill was granted May 18, 1763, instead of " 1764."
P. 828. The description given of " Marlborough " chiefly belongs to
the town of that name in Vermont. It should simply read, Monad-
nock, No. 5, was incorporated by the name of Marlborough, Dec.
13, 1776.
JOURlSr^L
OF THE PROCEEDINGS OF THE CONVENTION
OF THB
STATE or NEW HAMPSHIRE.
WHICH ADOPTED
THE PEDEML CONSTITUTION.
1788.
[Copied from the original, — paging in the margin corresponding
thereto.]
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BIOGRAPHICAL NOTES BY THE EDITOR.
[The editor would have been pleased to give brief sketches of all
the delegates in the foregoing list, had the means of doing it been at
his command. The sketches that follow are gathered from such sour-
ces of information as were accessible, and may be relied on as essen-
tially correct. Many names in this list are also found among the repre-
sentatives in the convention to revise the constitution in 1791-2. Of a
portion of these, with many others, sketches will be appended to the
journal of that convention. — Ed.]
(i) John Langdon, Esq., one of New Hampshire's most distinguish-
ed citizens, was born in Portsmouth, 1740; son of John L. and grand-
son of Tobias Langdon. He was one of the party which siezed Fort
William and Mary, at New Castle, 1774, and carried away the powder
and military stores ; a delegate to the continental congress in 1775 and
1776 ; representative and speaker of the house of representatives, N. H.,
1776 and 1777 ; he forwarded the expedition, under Gen. Stark, to cut off
Burgoyne's march, 1777; judge of the court of common pleas; in 1779
he was continental agent in New Hampshire for building of public
ships; and again delegate to congress, in 1783. In 1784-5, he was a
member of the N. H. senate, and in the latter year was president of the
state, and in November, 1788, was elected senator of the United States,
and was the first president, /r^ tetn., of that body under the federal
constitution. He served in the senate two terms. From 1805 to 1808,
and again in 1810 and 1811, he was governor of the state. Governor
Langdon was eminent for his personal dignity, his patriotism, his ca-
pacity for offices of high honor and trust, and for his religious rever-
ence and devotion. He was a member of the first church in Ports-
mouth. An excellent portrait of him is in the council chamber of the
state. He died Sept. 18, 1819, aged 78. (See Allen's Biog. Die, and
N. H. State Pap., Vols. VH and VHL)
(2) Pierce Long, Esq., first appears in the provincial records as an
active and influential member of the 4th provincial congress, at Exe-
ter, May, 1775, and again in December of that year. In 1776 he had
command of the forces to defend the harbor and fortresses of the Pis-
cataqua; in November, 1777, he marched his regiment to Ticonderoga.
He often represented the town of Portsmouth, and filled many offices,
military and civil, with fidelity and honor.
BIOGRAPHICAL NOTES. 9
(3) John Taylor Gilman, Esq., of Exeter, was son of Nicholas Gil-
man, who married Ann Taylor, a daughter of Rev. John Taylor, of Mil-
ton, Mass. He was born Dec. 19, 1753. With only the advantages of
a common academic education, he rose to distinction in all the public
offices of the state. The morning after the news of the battle of Lexing-
ton, he marched as a volunteer, with a hundred others, to Cambridge.
In 1782 he was a member of congress ; in 1783, treasurer of the state,
and again in 1791-93. He filled the office of governor from 1794 to
1805; was again elected in 1813, 1814, and 1815. His long and use-
ful services were gratefully acknowledged by the legislature in a farewell
address. Politically he was known as a federalist. He died in Exeter,
September, 1828, aged 74.
(4) Col. Daniel Runnels, or Reynolds, of Londonderry, served as
captain in Col. Nichols's regiment at the battle of Bennington, also as
captain in Col. Peabody''s regiment in Rhode Island in 1778. He was
representative from Londonderry, and an able and distinguished citizen.
(5) Rev. Samuel Langdon, d. d., of Hampton Falls, was first set-
tled in the North Church at Portsmouth twenty-seven years ; then presi-
dent of Harvard college from 1774 to 1780. Eminent for learning, pa-
triotism, and piety, he deceased Nov. 29, 1797, aged 75.
(6) Hon. JosiAH Bartlett, Esq., takes rank with the most eminent of
New Hampshire's sons. He was born in Amesbury, Mass., in 1729, —
son of Stephen Bartlett. In his profession of medicine he acquired
distinction, but was called from a successful practice to fill offices of
trust and honor in the state and in the national congress. He was one
of the signers of the Declaration of Independence, July, 1776; chief
justice of the court of common pleas (N. H.), 1779; justice of the su-
perior court, 1784, — chief justice in 1788. In 1790 he was chosen by
the legislature president of New Hampshire, and in 1791 he was elected
to the same office by the people ; and, under the revised constitution,
he was chosen governor, 1792. He was the chief original founder and
president of the New Hampshire Medical Society, 1791. He died sud-
denly, of a paralytic affection. May 19, 1795, aged 65.
(7) Thomas Bartlett, Esq., of Nottingham, was among the lead-
ing patriots of Rockingham county. Aside from offices of minor grade,
he was captain of the 5th company of "six weeks men" at Winter
Hill in 1775 ; lieutenant-colonel in Col. Gilman's regiment at Rhode
Island in 1778; from May, 1778, to January, 1779, a member of the
Committee of Safety ; colonel of one of the New Hampshire regiments
for the defence of West Point in 1780. Under the law of 1792, he was
made brigadier-general of the third brigade of New Hampshire militia.
He was representative to the fourth provincial congress at Exeter, May,
1775, and one of the committee to remove the public records from
Portsmouth to Exeter in June, 1775. After the llev^olution, he was
speaker of the house of representatives and justice of the court of com-
mon pleas. He died June 30, 1807, aged 59.
(8) Dr. Ezra Green, of Dover, was born in Maiden, Mass. ; gradu-
ated at Harvard college, 1765 ; joined the army under Col. James Reed,
1775 ; in June that year was appointed surgeon, and served on land till
10 STATE OF NEW HAMPSHIRE.
April, 1778. He was then appointed surgeon on board the ship Ranger,
under command of Capt. John Paul Jones. Retiring from service in
1 78 1, he settled at Dover as a merchant. He died greatly respected
July 25, 1847, aged loi.
(9) His Excellency John Sullivan, Esq., president of the conven-
tion, was the son of John Sullivan, and was born in Dover, in that part
called Somersworth, in 174.1. He was a brother of His Excellency James
Sullivan, of Massachusetts. Both received their education from their
father. John commenced the practice of law at Durham, where he
continued his residence till his death, and where his remains are in-
terred. He early evinced a military spirit, and was one of the brave
band that seized Fort William and Mary at New Castle, 1774; was dele-
gate to congress, 1774-75, and in the latter year was appointed briga-
dier-general in the army of the Revolution, and in 1779, a major-general.
He was in command at Winter Hill, 1775; in Canada, 1776; distin-
guished in the battle of Brandywine and Germantown, 1777; com-
manded the army in Rhode Island, 1778; and was at the head of the
expedition against the Western Indians in 1779. Filling numer-
ous offices in the state, as agent to settle the disputed bounds of the
New Hampshire grants, attorney-general, etc., in 1786 and 1787 he
was chosen president of New Hampshire. In 1789 he was a presidential
elector, and again that year chosen president of the state. He was ap-
pointed judge of the district court of New Hampshire by Washington,
1789, which office he held till his death, Jan. 23, 1795, at the age of 54.
See an admirable portrait of him in council chamber. Concord, painted
from a sketch by Col. Trumbull.
(10) Hon. Joseph Badger, Esq., son of Capt. Joseph Badger, an early
settler in Gilmanton, was born in Bradford, Mass., Oct. 23, 1746. He
was a man of great military ardor, and held offices in the militia for
thirty years, passing from the rank of captain to that of brigadier-gen-
eral. He was present at the capture of Burgoyne in 1779. After the
war he served the town of Gilmanton as representative, and was a coun-
cillor six years, — 1784, 1790-92, 1795-96. He was one of the founders
of Gilmanton Academy, gave the land on which it is located, and super-
intended the erection of the building. He died Jan. 15, 1809, aged 62.
The late Governor William Badger was his son. \_Hist. of Gilmanton.'\
(11) Mr. Robert B. Wilkins, of Henniker, a native of Amherst, en-
tered the army at the age of 16, and was in the battle of Bunker Hill —
wounded ; in the Continental army, in Col. ScammePs regiment, he was
promoted to a lieutenancy. He served under Gen. Lafayette, of whom
he was a great admirer. On his visit to Concord, in June, 1825, the
general met Lieut. Wilkins, and recognized him. Receiving a pension
from the government, he spent the later years of life with his family in
Concord, but died in Boston, August, 1832, aged 'j'j .
(12) Col. Ebenezer Webster, of Salisbury, was the father of Hon.
Ezekiel and Daniel Webster. He was born in Kingston in 1740. Set-
thng in Salisbury, he served in the "seven years war" against the
French and Indians ; in the revolution was captain of a company ; in
1785-89 was a state senator, and also 1790-91. He was a judge of the
court of common pleas for Hillsborough county from 1791 to 1806.
BIOGRAPHICAL NOTES. II
It does not appear that he voted on the adoption of the constitution.
He died in 1806, aged 67.
(13) BEN7AIMIN West, Esq., of Charlestown, was son of Rev. Thom-
as West, and brother of Rev. Dr. Samuel West, of Boston. He was
born April 8, 1746, graduated at Harvard college, 1768. He resided
in Charlestown more than forty years in the practice of law, and died
July, 1817, aged 71. He ranked among the first of his profession.
(14) Rev. Aaron Hall, of Keene, a native of Cheshire, Ct., born
in 1751, was a graduate of Yale college, 1772, ordained Feb. 19, 1778,
died August 12, 1814, after a ministry of thirty-six years, aged 63.
(15) Gen. Benjamin Bellows, of Walpole, son of Col. Benjamin,
was born October 6, 1740. He was greatly respected as a citizen, and
honored with many public offices, — as representative, senator, and
councillor. He was president of the electoral college when George
Washington was elected president in 1789, and again in 1797, when
John Adams was elected. In the revolution he commanded a regi-
ment ; was present at the surrender of Burgoyne. He died in Walpole,
June, 1802, in the 62d year of his age.
(16) Gen. Jonathan Chase was a leading citizen of Cornish. In
1 77 1 he petitioned Gov. John Wentworth for confirmation of a grant
of an island in the Connecticut river between Cornish and Windsor.
In 1776 he was allowed three barrels of powder, to be used in defence
of the frontiers. Having the commission of colonel, he was also mus-
ter-master for the pay of his regiment, 1776, and in 1778 for reinforc-
ing the northern army. In 1781 he petitioned for liberty to raise a
company of sixty men, to be employed as scouts, for the defence of
the western frontiers. In the disputes with Vermont about the New
Hampshire grants, he v/as appointed by the town of Cornish, ]March 9,
1779, as their agent to attend a convention in Dresde9i, on the 20th of
July; and at an adjourned meeting, Aug. 30th, the same year, the vot-
ers present unanimously rejected the plan of government for the state
of New Hampshire, which was sent to them. He attended a conven-
tion, on the same matter, at Walpole, Nov. 15, 1780, and another at
Charlestown, Feb- 7, 1781.
(17) Francis Worcester, Esq., who represented Plymouth, Rum-
ney, and Alexandria, as classed towns, was a native of Hollis. He is
called "Deacon," and was settled in Plymouth. In 1776 he was coro-
ner for Grafton county; in 1777, was chairman of the town committee
of safety ; in 1777-79, representative to the general assembly, and an
efficient member, filling various offices with ability and promptness ; in
1780-82, a councillor. He was a member of the constitutional conven-
tions in 1778 and 1781, and of the federal convention in 178S.
[p. i;.] STATE OF NEW HAMPSHIRE.
A Journal of the proceedings of the Hon^^ Conven-
tion ASSEMBLED AT THE CoURT HoUSE IN ExETER,
ON Wednesday the thirteenth day of February,
A. D. 1788, FOR the investigation, discussion and
DECISION OF THE FEDERAL CONSTITUTION.
Wednesday, Feb'". 13, 1788.
About fifty members being assembled, they proceeded to
the choice of a chairman, and the Honbl Josiah Bartlett,
Esq^'. was chosen.
The Honb^ Sam^ Livermore, the Honb^ John Taylor Gil-
man, & Benjamin West, Esqr^ were appointed a Committee
to receive the returns of members elected ; they were also
appointed a Committee to prepare and lay before the Con-
vention such rules as they shall judge necessary for regulat-
ing the proceedings in said Convention.
Adjourned to 10 o'clock to-morrow morning.
Thursday, Feb^ I4*^ 1788.
The Convention met according to adjournment. About
one hundred members present :
Motion was made for the choice of a Secretary for the
Convention, and the ballots being taken John Calfe Esq^
was chosen for that purpose, and sworn to the faithful dis-
charge of the trust reposed in him.
[p. 18.] Motion was then made for the choice of a Presi-
dent, and the ballots being taken, his Excellency John Sul-
livan, Esq^ was chosen President.
Voted, that Mr. Livermore, Mr. Oilman and Mr. West be
a Committee to examine the returns of the Elections of the
several members of the Convention and report thereon.
The Convention being informed that there were two per-
sons returned as members to said Convention from the Town
of Newington, and after examining said returns and enquir-
ing into the matter, agreed to postpone the determination
thereof until the afternoon.
Adjourned to 3 o'clock P. M. then to meet at the Meeting
House in Exeter.
JOURNAL OF CONVENTION. 1 3
Met according to adjournment.
The Committee appointed to prepare rules for regulating
the proceedings in Convention reported the following, viz.
[p. 19.] i^K That as it is essential to the public interest, so it shall
be considered and enjoyned as the Incumbent duty of each member of
this Convention seasonably and punctually to attend in his place and
not absent himself without leave.
2'^. That freedom of deliberation, speech and debate in the Conven-
tion be allowed to each member thereof; yet no member shall by
speech or behaviour in Convention give just occasion of offence to
another.
3^^. That any member disposed to make a motion or speak to a mat-
ter in debate, shall rise from his seat and address the President ; but
on being called to order by the President, he shall be silent ; yet if
such silenced member shall conceive himself injured thereby, the
President shall take a vote of the Convention thereon, and such mem-
ber shall submit to their determination.
4*^^. No member shall speak more than twice to any subject in debate
until each member have an opportunity to offer his opinion.
5**^. No motion from one member shall be received or debated unless
seconded by another,
6'^\ When a motion is regularly before the Convention, it shall at
any time, at the request of a member be reduced to writing by the
person making it.
[p. 20.] 7^^, On the question for adopting the federal Constitution,
and on that only, the yeas and nays may be taken if desired by a
member,
8'^^ When it shall appear that any person returned is not legally
chosen, he shall be dismissed,
9"\ That in determining any question the votes of a majority of
the members present shall be necessary, excepting such members
as may by consent of the Convention be excused from voting, on their
giving satisfactory reasons therefor,
io*'\ That a motion to postpone any Question or to adjourn shall
take place of any other motion.
11*'^, That no vote be reconsidered when there is a less number of
members present, than there was at passing the same : Which Report
was read and considered, received and accepted.
Resumed the consideration of the returns from Newing-
ton, and came to the following vote :
[p. 21.] Voted, That in order that the Convention may as-
certain whether it is the sense of the Inhabitants of New-
ington that Ephraim Pickering Esq^' or Benjamin Adams,
Esq'-', should represent them in this Convention, That the
Selectmen of Newington be requested to notify a meeting
of the voters in said Town on Monday next, to ballot for
such of those two Gentlemen as they may think proper, and
make return thereof in common form.
14 STATE OF NEW HAMPSHIRE.
Motion was made to proceed to the consideration of the
proposed federal Constitution ; which being read, it was
agreed to proceed to the investigation by paragraphs.
Article i^K
On Section i^* no debate. — After some debate on the
2^ Section, agreed to adjourn to 9 o'clock to-morrow morn-
ing.
Friday, Feb^ 15^ 1788.
The Convention met according to adjournment. Resum-
ed the debate on the 2'^ Section in Article i'*, respecting
biennial Elections, and after much debate, adjourned to 3
o'clock P. M.
Met accordingly,
[p. 22.] Proceeded to the consideration of the 3^ Section
of the first Article. Considered y^ 3^ 4^ S^'\ 6^ and 7*^
Sections.
Adjourned to 9 o'clock to-morrow morning.
Saturday, Feb^ 16*^ 1788.
The Convention met according to adjournment.
Proceeded to the consideration of the 8^^^ section of the
i^* Article, and after much debate thereon, adjourned to half
past 2 o'clock, P. M.
Met according to adjournment, and resumed the consider-
ation of the 8^^' section, and debated largely thereon.
Adjourned to Monday next at 9 o'clock, A. M.
Monday, Feb^ i8"\ 1788.
The Convention met according to adjournment. Proceed-
ed to the further consideration of the 8^^' section, and after
much debate thereon agreed to adjourn to 3 o'clock P. M.
Met accordingly : — Proceeded to the consideration of the
9*^ Section : — after some debate thereon proceeded to the
10*^ section,
[p. 23.] Adjourned to 9 o'clock to-morrow morning.
Tuesday, Feb''. I9^^ 1788.
The Convention met according to adjournment. Proceed-
ed to the consideration of the Second Article, and after
some debate on the several sections and paragraphs, pro-
ceeded to the consideration of the third Article.
Adjourned to 3 o'clock, P. M.
JOURNAL OF CONVENTION. 1 5
Met accordingly: — Resumed the consideration of the Third
Article, and after debating on the first and second Section,
adjourned to 9 o'clock to-morrow morning.
Wednesday, FeR 20*^ 1788.
The convention met according to adjournment.
Resumed the consideration of the Second section in the
third Article.
Adjourned to 3 o'clock, P. M. Met accordingly.
Proceeded to the consideration of the fourth, fifth and
sixth Articles, and after some debate respecting a Religious
test, adjourned to 9 o'clock to-morrow morning.
[p. 24.] Thursday, Feb^'. 2i^\ 1788.
The Convention met according to adjournment. — Re-
sumed the consideration of the last paragraph in the Sixth
Article, and after much debate thereon proceeded to the
consideration of the remainder of the proposed Constitu-
tion ; — after which motion was made to proceed to general
observations on the said Constitution : but a motion for ad-
journment taking place, the general observations were post-
poned until the afternoon.
Adjourned to 3 o'clock P. M. Met accordingly.
Proceeded to general observations on the Constitution.
Adjourned to 9 o'clock to-morrow morning.
Friday, Feb^'. 22^ 1788.
The Convention met according to adjournment. A mo-
tion was made & seconded that the Convention adjourn to
some future day ; but the determination was postponed until
[p. 25.] some general observations were made.
The question was put, and it was voted to adjourn to
some future day.
Voted, That when the Convention adjourn, that it be to
meet again at Concord on the third Wednesday in June
next.
Voted, That the Convention now adjourn.
1 6 STATE OF NEW HAMPSHIRE.
STATE OF NEW HAMPSHIRE.
Wednesday, June I8^^ 1788.
The Convention met according to adjournment at Con-
cord in said State.
Several persons appeared and produced certificates of
their being elected members of the Convention ; — some of
which were from Towns which had before made returns of
other persons, who had been admitted to a seat in Conven-
tion at Exeter ; and after much debate thereon came to the
following votes : —
Voted, That it is the opinion of this Convention that Mr.
Allen returned by the Town of Walpole was not legally
elected a member of Convention.
[p. 26.] Voted, That it is the opinion of this Convention,
that Mr, Fowler returned by the Town of Boscawen was
not legally elected a member.
Adjourned to 9 o'clock to-morrow morning.
Thursday, June I9*^ 1788.
The Convention met according to adjournment. Motion
was made to appoint a Committee to consider of and report
such amendments as they should judge necessary to be pro-
posed in alteration of the Constitution : — which motion was
postponed for the further discussion of the Constitution : —
And after some debate Adjourned to 3 o'clock, P. M.
Met accordingly. Proceeded to a general discussion of
the Constitution.
Adjourned to 8 o'clock to-morrow morning.
[p. 27.] Friday, June 20*^ 1788.
The Convention met according to adjournment. Resum-
ed the motion of yesterday for a Committee &
Voted, That Mr. Langdon, Mr. Bartlett, Mr. Badger, Mr.
Sullivan, Mr. Atherton, Mr. Dow, Mr. Bellows, Mr. West,
Mr. Livermore, Mr. Worster, Mr. Parker, Mr. Pickering,
Mr. Smith, Mr. Hooper, and Mr. Barrett, be a committee to
consider of and report such articles as they shall think prop-
er to be proposed as amendments to the Federal Constitu-
tion, and lay the same before this Convention.
Adjourned to 3 o'clock P. M. Met accordingly. »
JOURNAL OF CONVENTION. 1/
The Committee to consider of and report such Articles
as they should think proper to be proposed as amendments
to the Federal Constitution Reported as follows : (viz.)
First, That it be explicitly declared that all powers not expressly and
particularly delegated by the aforesaid Constitution, are reserved to the
several States to be by them exercised.
[p. 28.] Secondly, That there shall be one representative to every
thirty Thousand persons according to the census mentioned in the Con-
stitution until the whole number of Representatives amounts to two
hundred.
Thirdly, That Congress do not exercise the powers vested in them by
the fourth section of the first Article, but in cases when a State shall
neglect or refuse to make the regulations therein mentioned, or shall
make regulations subversive of the rights of the people to a free and
equal representation in Congress ; nor shall Congress in any case make
regulations contrary to a free and equal Representation.
Fourthly, That Congress do not lay direct Taxes but when the
money arising from the Impost excise and their other resources are
insufficient for the public Exigences ; nor then until Congress shall
have first made a requisition upon the States to assess, levy and pay
their respective proportions of such requisitions, agreeably to the
[p. 29.] Census fixed in the said Constitution, in such way and man-
ner as the Legislature of the State shall think best ; and in such case,
if any State shall neglect, then Congress may assess, and levy such
State's proportion, together with the Interest thereon at the rate of six
pr Cent, pr Annum, from the time of payment prescribed in such
requisition.
Fifthly, That Congress erect no company of Merchants with exclu-.
sive advantages of Commerce.
Sixthly, That no person shall be tried for any crime _ by which he
may incur an infamous punishment or loss of life, until he he first
indicted by a grand jury — except in such cases as may arise in the
government and regulation of the land and naval forces.
Seventhly, All common law cases between citizens of different states
shall be commenced in the common Law Courts of the respective
States ; and no appeal shall be allowed to the federal Court in such
cases unless the sum or value of the thing in controversy amount to
three thousand dollars.
[p. 30.] Eighthly, In civil actions between citizens of difterent States,
every issue o^f fact arising in actions at common Law shall be tried by a
Jury, if the parties or either of them request it.
Ninthly, Congress shall at no time consent that any person holding
an office of trust or profit under the United States, shall accept a tide of
nobility, or any other title or office from any King, Prince, or foreign State.
Tenthly, That no standing army shall be kept up in time of peace,
unless with the consent of three fourths of the members of each branch
of Congress; nor shall soldiers, in time of peace, be quartered upon
private houses without the consent of the owners.
Eleventhly, Congress shall make no laws touching religion or to
infringe the rights of Conscience.
i8
STATE OF NEW HAMPSHIRE.
Twelfthly, Congress shall never disarm any citizen unless such as are
or have been in actual rebellion.
John Langdon,
for the Committee.
Signed —
[p. 31.] Which Report being read and considered was re-
ceived and accepted.
Motion was then made by Mr. Atherton, seconded by Mr.
Parker, That this Convention ratify the proposed Constitu-
tion, together with the amendments ; but that said Consti-
tution do not operate in the State of New Hampshire
without said amendments.
After some debate, motion was made by Mr. Livermore,
seconded by Mr. Bartlett & others, to postpone the motion
made by Mr. Atherton, to make way for the following mo-
tion, (viz.) That in case the Constitution be adopted, that the
amendments reported by the Committee be recommended
to Congress — which motion of Mr. Atherton being postpon-
ed, adjourned to 9 o'clock to-morrow morning.
Saturday, June 21^*, 1788.
The Convention met according to adjournment.
Resumed the consideration of Mr. Livermore's motion : —
which being determined by the Convention in the affirmative,
[p. 32.] Motion was then made by Mr. Atherton, seconded
by Mr. Hooper, that the Convention adjourn to some future
day ; but it was negatived.
Motion was then made by Mr. Livermore, seconded by
Mr. Langdon and others. That the main question be now
put for the adoption of the Constitution ; — and the yeas
and nays being called, were as follows :
Yeas
Mr. Langdon
Mr. Pickering
Mr. Long
Mr. Oilman
Mr. Blanchard
Mr. Adams
Mr. Weeks
Mr. Goss
Mr. Prescut
Mr. Thurston
Mr. Toppan
Mr. Langdon
Mr. Wiggin
Mr. Fogg
Yeas
Yeas.
Mr.
Rogers
Mr.
Wilkins
Mr.
T. Bartlett
Mr.
, Morss
Mr.
Chadwick
Mr.
Gerrish
Mr.
Gray
Mr.
West
Mr.
Glidden
Mr.
Shepherd
Mr.
Calfe
Mr.
Hall
Mr.
Bettan
Mr.
Whitcomb
Mr.
Moody
Mr.
Chamberlain
Mr.
Green
Mr.
Temple
Mr.
Sullivan
Mr.
Bellows
Mr.
Carr
Mr.
Chase
Mr.
Hale
Mr.
Griffin
Mr.
Bedee
Mr.
Kimball
Mr.
Shannon
Mr.
Livermore
JOURNAL OF CONVENTION.
19
Mr.
J. Bartlett
Mr. Chesley
Mr. Worster
Mr.
Stow Ranney
Mr. Hall
Mr. Crawford
Mr. Dakin
Mr. Johnson
Mr. Abbott.
Mr. Freeman
Mr. Payne
Mr. Simpson
Mr. Patterson
Mr. Young
S7 YEAS.
Mr. Weeks.
[P- 33-]
A^aj's
JVays
A^ays
Mr.
Runnels
Mr. Hooper
Mr. Jon'* Dow
Mr.
McMurphy
Mr. Austin
Mr. Green
Mr.
B. Clough
Mr. Page
Mr. Bean
Mr.
Sias
Mr. Cummings
Mr. Gaskill
Mr.
J. Clough
Mr. D. Bixby
Mr. Parker
Mr.
Smith
Mr. Hunt
Mr. Harvey
Mr.
Emery
Mr. Taylor
Mr. Thomas
Mr.
Fifield
Mr. Dole
Mr. M. Stone
Mr.
Chase
Mr. Page
Mr. Remmelee
Mr.
Sleeper
Mr. Kindrick
Mr. Grout
Mr.
B. Stone
Mr. Atherton
Mr. True
Mr.
Dow
Mr. Barrett
Mr. Penniman
Mr.
Steward
Mr. T. Bixby
Mr. Tainter
Mr.
Palmer
Mr. Jones
Mr. Winch
Mr.
Harper
Mr. Cragin
Mr. Hutchins
Mr.
Bado-er.
Mr. Cochran.
47 Nays.
STATE OF NEW HAMPSHIRE.
In Convention of the Delegates of the People of the
State of New Hampshire, June 2i^^ 1788: —
The Convention having impartially discussed and fully
[p. 34.] considered the Constitution for the United States
of America, reported to Congress by the Convention of
Delegates from the United States of America, and sub-
mitted to us by a Resolution of the General Court of said
State passed the fourteenth day of December last past, and
acknowledging with grateful hearts the Goodness of the Su-
preme Ruler of the Universe in affording the People of the
United States, in the course of his Providence, an opportu-
nity, deliberately and peaceably, without fraud or surprise,
of entering into an explicit and solemn compact with each
other, by assenting to and ratifying a new Constitution, in
order to form a more perfect union, establish justice, insure
domestic tranquillity, provide for the common defence, pro-
mote the general welfare and secure the blessings of Liber-
ty to themselves and their posterity, Do in the name and in
behalf of the people of the State of New Hampshire, as-
20 STATE OF NEW HAMPSHIRE.
sent to and ratify the said Constitution for the United States
of America ; and as it is the opinion of this Convention,
[p. 35.] that certain amendments and alterations in the said
Constitution would remove the fears and quiet the appre-
hensions of many of the good people of this State, and
more effectually guard against an undue administration of
the federal Government, the Convention do therefore recom-
mend that the following alterations and provisions be intro-
duced into the said Constitution :
First, That it be explicitly declared that all powers not
expressly and particularly delegated by the aforesaid Consti-
tution, are reserved to the several States to be by them ex-
ercised.
Secondly, That there shall be one Representative to ev-
ery thirty Thousand persons according to the Census men-
tioned in the Constitution, until the whole number of Rep-
resentatives amounts to two hundred.
Thirdly, That Congress do not exercise the power vested
in them by the fourth Section of the first Article, but in
cases when a State shall neglect or refuse to make the reg-
[p. 36.] ulations therein mentioned, or shall make regula-
tions subversive of the rights of the people to a free and
equal representation in Congress, nor shall Congress in any
case make regulations contrary to a free and equal repre-
sentation.
Fourthly, That Congress do not lay direct Taxes but
when the money arising from the impost excise and their
other resources are insufificient for the public exigencies ;
nor then, until Congress shall have first made a requisition
upon the States to assess. Levy and pay their respective
proportions of such requisition agreeably to the census fixed
in the said Constitution, in such way and manner as the
Legislature of the State shall think best ; and in such case,
if any State shall neglect, then Congress may assess and
Levy such State's proportion, together with the interest
thereon at the rate of six pr. cent pr. Annum from the time
of payment prescribed in such requisition.
[p. 37.] Fifthly, That Congress erect no company of Mer-
chants with exclusive advantages of commerce.
Sixthly, That no person shall be tried for any crime by
which he may incur an infamous punishment or loss of life,
until he be first indicted by a grand jury — except in such
JOURNAL OF CONVENTION. 21
cases as may arise in the government and regulation of the
land and naval forces.
Secondly, All common law cases between citizens of dif-
ferent States shall be commenced in the Common Law
Courts of the respective States, and no appeal shall be al-
lowed to the federal Courts in such cases, unless the sum or
value of the thing in controversy amount to three hitiidred?
dollars.
Eighthly, In civil actions between citizens of different
States, every issue of fact arising in actions at common
Law, shall be tried by a jury if the parties or either of them
request it.
Ninthly, Congress shall at no time consent that any per-
son holding an office of trust or profit under the United
[p. 38.] States, shall accept a title of nobihty or any other
title or office, from any king, prince or foreign State.
Tenthly, That no standing army shall be kept up in time
of peace, unless with the consent of three fourths of the
members of each branch of Congress ; nor shall soldiers in
a time of peace, be quartered upon private houses without
the consent of the owners.
Eleventhly, Congress shall make no Laws touching re-
ligion or to infringe the rights of conscience.
Twelfthly, Congress shall never disarm any citizen, un-
less such as are or have been in actual rebellion.
And the Convention do, in the name and in behalf of the
people of this State enjoin it upon their Representatives in
Congress, at all times, until the alterations and provisions
aforesaid have been considered, agreeably to the fifth article
of the said Constitution, to exert all their Influence and use
all reasonable and legal methods to obtain a Ratification of
the said alterations and provisions in such manner as is pro-
vided in the said article.
[p. 39.] And that the United States in Congress Assem-
bled may have due notice of the assent and ratification of
the said Constitution by this Convention : —
It is Resolved, That the assent and ratification aforesaid,
be engrossed on parchment, together with the recommenda-
tion and Injunction aforesaid, and with this Resolution ;
and that John Sullivan Esq^*. President of Convention, and
John Langdon, Esq^ President of the State, transmit the
ZZ STATE OF NEW HAMPSHIRE.
same countersigned by the Secretary of Convention and
the Secretary of the State under their hands and seals, to
the United States in Congress assembled.*
JOHN CALFE, Secretary.
[Dr. Belknap, in his history of New Hampshire, says, — "This was the
7iinth State in the union which accepted the Constitution ; and thus
the number was completed which was necessary to put in motion the
political machine." — Ed.]
*The adoption and ratification of the Constitution, by the Convention of the people of
New Hampshire, was the occasion of great joy to all the friends of the Union throughout the
country. It was announced to Gov. John Hancock, of Massachusetts, in a letter, by Presi-
dent Sullivan, as follows :
Concord, June 21, 1788.
Sir — I have the honor to inform your Excellency, by favour of Mr. Reed, who is obliging
enough to forward this letter, that the Convention of this state have this moment adopted
the New Constitution — yeas 57, nays 46 [47]. The amendments recommended, nearly the
same as in your state.
With every sentiment of respectful attachment,
I have the honor to be
Your Excellency's
Most obedient servant,
John Sullivan.
[See Hist, of Concord, p. 302.]
J" O XJ R iS" A. 31,
OF THE
CONVENTION
WHICH ASSEMBLED, IN CONCORD,
TO REVISE THE CONSTITUTION^ OF NEW HAMPSHIRE,
1791-1792,
24
STATE OF NEW HAMPSHIRE.
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Edward S. Livermore, Esq^
Daniel Humphreys, Esq"".
Doct^ Sam^ Tenney
James MacGregore, Esq'".
Joseph Blanchard, Esq^
Eph'" Pickering, Esq"".
Mr. George Brackett
Mr. Nathan Goss
Moses Leavitt, Esq^
Christopher Toppan, Esq'.
brook Nath^ H. Dodge
Stratham Col. Jon^. Robinson
Kensington Jeremiah Fogg, Esq"".
South Hampton & East
Mr. Eliphalet Webster
Solomon Wheeler, Esq''.
2, 3-]
Names of Towns and
places represented.
Portsmouth < (2)
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Exeter (4)
Londonderry (5)
Chester (6)
Newington (7)
Greenland
Rye
North Hampton (8)
Hampton (9)
Hampton Falls & Sea-
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JOURNAL OF CONVENTION. 25
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David Copp, Esq'.
Col*^ David Page
Mr. Robert Parker
Mr. David Alld
Capt. Wm. Barron
Zechariah Chandler, Esq'.
Mr. William Page
Daniel Emerson, Esq'.
Joshua Atherton, Esq'.
Names of Towns and
places represented.
Lee
Madbury (24)
Meridith & New Hamp-
ton (25)
Sandwich (26)
Tamworth
Moultonboro' &c. (27)
8,9.]
Barns tead
New Durham, &c.
Wakefield &c. (28)
Conway, Sec. (29)
Nottingham West
Litchfield
Dunstable
Merrimac (30)
Bedford (31)
Ciofifstown
Holies (32)
Amherst (33)
JOURNAL OF CONVENTION.
27
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Colo Daniel Rand
Mr. Andrew French
Sanford Kingsbury, Esq^
Moses Chase, Esq"".
Mr. Uriah Wilcox
Capt John Duncan
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Mr. Nahum Parker
Col° Joseph Kimball
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Docf John Rogers
Thomas Crawford, Esq"".
Names of Towns and
places represented.
Rindge (44)
Walpole
Claremont
Cornish
Newport & Croydon
Acworth,Lempster &c (45)
Wendall & Unity
Surry, Gilsom & Sullivan
Stoddard & Washington
Dublin & Packersfield
Marlborough
Pltz William
Plainfield
Protectworth & N. Gran-
Holderness, &c. (46)
Plymouth & Rumney
New Chester, &c.
JOURNAL OF CONVENTION.
29
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BIOGRAPHICAL SKETCHES BY THE EDITOR.
(i) John Pickering, Esq., was a native of Newington, graduated
at Harvard college, in 1761, and having devoted some time to theo-
logical studies, was offered the rectorship of an Episcopal church in
England. He declined, and applied himself to the study of the law,
in which he became eminent. He was attorney-general, 1786; was a
leading member of the convention, 1791-2; repeatedly a member of
the legislature ; president of the senate in 1789, and governor ex officio
of the state, on the election of Gov. John Langdon to the senate of
the United States. In 1790 he was appointed chief-justice of the
superior court, which office he held five years. He was afterwards
district judge of the United States. He received the degree of LL. D.
from Harvard and Dartmouth colleges. He died April 1 1 , 1805, aged ^T.
(2) Edward S. [St. Loe] Livermore was a son of Hon. Samuel
Livermore, president of the convention ; was a lawyer by profession ;
justice of the superior court of New Hampshire, 1797 to 1799. Remov-
ing to Massachusetts, he was a member of congress from 1807 to 1811 ;
he received the degree of LL. D. from Dartmouth college in 1800,
and died at Tewksbury, Mass., September 22, aged So.
(3) Daniel Humphreys, Esq.. was a native of Connecticut ; gradua-
ted at Yale college, 1757 ; came to Portsmouth about 1774, as a lawyer;
was employed by the general assembly that year to engross acts, for
which he received 2/. os. 6d.; was United States district-attorney.
New Hampshire. He died in 1827.
(4) Dr. Samuel Tenney was born in Byfield parish, Newbury,
Mass. ; graduated at Harvard college, 1772, and commenced the study of
medicine. He was present at the battle of Bunker Hill, where he
attended to the sick and wounded ; served during the whole war ; was
attached to the Rhode Island line of the army. At the close of the
war he retired from his profession and settled in Exeter, N. H. There
he was judge of probate many years; representative in congress, 1799
to 1807 ; he was an original member of the N. H. Medical Society, and
its vice-president ; a member of the American Academy of Arts and
Sciences ; an honorary member of the Massachusetts Medical Society,
and corresponding member of the Massachusetts Historical Society.
As a man of science and learning, and a true lover of his country, his
death was much lamented. He died February 6, 181 6.
BIOGRAPHICAL SKETCHES. 3 1
(5) James IMcGregore, Esq., of Londonderry, was a member of
the 4th provincial congress, in May, 1775 5 ^'^'^^ on a committee to pre-
pare a plan for furnishing troops ; on the committee for supply of the
army, and for the emission of money. He visited the army at Aledford
in June, 1775, and reported its condition to the committee of supply.
(6) Joseph Blaxchard, Esq., of Chester, born 1753, came to
Chester in 1772. Though of quite limited education, he was a man of
strong native good sense and sound judgment. He was represent-
ative, 17S8-1793; delegate to the convention which adopted the
Federal Constitution, 1788; senator and councillor, iSoo, 1801. He
died March 7, 1833, aged 80.
(7) Ephraim Pickering, Esq., of Newington, was appointed second
major in Colonel Whipple's regiment in 1776; was one of the com-
mittee of correspondence the same year, and was representative in
1780-1782. He was one of the selectmen of Newington in 1775.
(8) Moses Leavitt, Esq., of North Hampton, was appointed cap-
tain in the continental service, June 13, 1776, and authorized to raise
one hundred men to join the army in New York; was on a committee
of officers, at Hampton, in 1777, to petition the honorable committee
of safety to take measures for the defence of the seacoast ; again
appointed, 1778, to enlist soldiers for the continental army; was
appointed lieutenant-colonel of third regiment of New Hampshire
militia in 1781, and was representative to the general assembly in
1782, 1783.
(9) Hon. Christopher Toppan, of Hampton, was a very useful and
distinguished citizen, son of Dr. Edmund Toppan, and grandson of
Rev. Christopher Toppan, of Newbury, Mass. His mother was a daughter
of Colonel Joshua Wingate. Mr. Toppan often represented the town
in the legislature, was councillor in 1786, 1790, 1794. He died Febru-
ary, 1 819, aged 84.
(10) Hon. William Plumer, of Epping, was one of the most
intelligent, active, and influential members of the convention. He was
born in Newbury, Mass., June 25, 1759; in early life was a preacher ;
afterwards entered the law, and devoted a great part of his time to
civil affairs, in the service of the people : representative from Epping^
eight years, senator, president of the senate, speaker of the house of
representatives, senator in congress 1802-1807; for four years, 1S12,
1816-1818, governor of the state, and in 1820, presidential elector. He
was one of the original members and first president of the Ne\y Hamp-
shire Historical Society, 1823, and made a donation to the society of a
large and valuable collection of books, mostly public documents which
he had collected and bound together. He died December 22, 1850, at
the advanced age of 91 years. (See Memoir, &c., by his son, William
Plumer, Jr.)
(11) Gen. Joseph Cilley, was a native of Nottingham, son of
Captain Joseph Cilley, one of the original settlers of the town. Pie
was of the company that siezed Fort William and Mary in 1774. At
the commencement of the revolution he entered the army, was major,
colonel, and had command of the first N. H. regiment. Pie was dis-
tinguished for bravery and patriotism during the whole contest ; was a
32 STATE OF NEW HAMPSHIRE.
member of the Society of the Cincinnati, major-general of the N. H.
militia 1786, and as such headed the troops that quelled the insurrec-
tion in Exeter that year, arresting the leader of the rebels with his
own hand. Several times elected representative. He was senator and
councillor. He died, full of honors, August, 1799, aged 65.
(12) John McClary, of Epsom, was a delegate to the Provincial
Congress which met May, 1775, '^ representative from Epsom 1776 and
1778, a member of the committee of safety, councillor from 1780 to
1784, senator from 1784 to 1787, president of the senate 1785 and 1786,
and member of the convention 1791-92. He died June 16, 1801, aged
82.
(13) Benjamin Sias, Esq., was of Canterbury. He marched to
Saratoga, July, 1777, with eight volunteers from that town and Loudon ;
had command of the fifth company in Col. Stickney's regiment at the
battle of Bennington ; and of the second company of Col. Nichols's
regiment in Gen. Whipple's brigade, in Rhode Island, 1778; was at
Portsmouth with a company in 1779. He was a brave man, and ever
ready for action.
(14) Hon. Abiel Foster, of Canterbury, a native of Andover, Mass.,
born August, 1735 '•< was a graduate of Harvard college, 1756; ordained
as minister of the Congregational church in Canterbury, 1761 ; was dis-
missed 1779, and became distinguished in civil life as a magistrate
and legislator — representative, senator two years, and president of
that body; elected to congress in 1783, he was a member three years
under the old confederation; under the constitution of 1788 he was a
member ten years between 1789 and 1803. During life he was eminently
useful and honored. He died in Canterbur}^, February, 1806, aged 71.
(15) Hon. Timothy Walker was the only son of Rev. Timothy
Walker, the first minister of Concord; born June 27, 1737; was a
graduate of Harvard college, 1756; studied theology, and was licensed
to preach, September 11, 1759^ preached in various places without
settlement about six years. Subsequently he engaged for a while in
mercantile pursuits, — but, as the revolution came on, he entered with
patriotic fervor into the service of his country. He was a member of
the provincial congress in Exeter, May, 1775 ; one of the committee of
supplies ; paymaster of N. H. troops at IBunker Hill and elsewhere ;
colonel of the third N. H. regiment. In January, 1776, he was one of
the committee " to make a draft of the Declaration of Independence of
the United Colonies;" was one of the committee of safety; of the coun-
cil from 1776 to 1779; was repeatedly chosen as a delegate to the con-
tinental congress (though probably did not attend) ; was a member of
the constitutional conventions in 1778 and 1781 ; justice of the court of
common pleas from 1777 to 1809, being chief-justice the last five
years. In 1798 Judge Walker was the candidate of the republican
party for governor, against Governor John Taylor Gilman. Filling all
town and state offices to which he was called with fidelity and honor,
he died in the mansion where he was born. May 5, 1822, aged 85.
(See Bouton's Hz'sL Concord, pp. 579-582, etc.)
(16) Col. Nathaniel Head was born in that part of Chester which
is now Hooksett ,• he married a daughter of Timothy Knox, of Pern-
BIOGRAPHICAL SKETCHES. * 33
broke; was at Winter Hill in 1775 and 1776; ensign in Capt. Sias's
company of Col. Nichols's regiment in the expedition to Rhode Island,
1778, and captain in Col. Runnels's regiment, 1781. He was the grand-
father of Gen. Natt Head, of Hooksett.
(17) Hon. John Calfe, a native of Hampstead, clerk of this con-
vention, was twenty-nine years a justice of the peace, twenty-five years
on the bench of the court of common pleas, and twenty-five years clerk
of the house of representatives. He was a useful and good man. He
died October 30, 1803, aged 69.
(18) Dr. Nathaniel Peabody, Esq., of Atkinson, was one of the
distinguished men of his times. He was born in Topsfield, Mass.,
March i, 1741, son of Dr. Jacob Peabody; his mother, Susanna,
was a daughter of Rev. John Rogers, of Boxford, a descendant of the
martyr of that name. Having studied medicine with his father, he
settled in Atkinson, and had extensive practice. By turns he held
almost every office of trust and honor in the town and state — selectman,
representative, justice of the peace and quorum, colonel, adjutant-gen-
eral of the state, 1777-1778; commissioner with Jonathan Blanchard,
Esq., of Dunstable, to meet in convention at New Haven, Connecticut,
"to regulate the prices of labor," December, 1777; member of con-
gress, 1779-1781 ; and major-general of the militia of the state, 1793.
In the latter part of his life he was much in debt, for w^hich he was con-
fined in Exeter jail, where he died June 27, 1823, aged 82.
(19) James Gibson, Esq., of Pelham, ■was a member of the fifth
provincial congress, at Exeter, in December, 1775; representative,
1776; one of a committee to go to Boston to obtain information in
order to fix on a method for raising an army; representative, 1777 ; on
committee for regulation of trade, justice of the peace, and again
representative in 1778.
(20) John Waldron, Esq., of Dover, w^as a representative in the
provincial assembly 1774, and of the third provincial congress, at
Exeter, April, 1775. He was captain of a company in Dover, that was
designated by Gen. Sullivan to march to Winter Hill, in December,
1775, to take the place of the Connecticut forces that refused to
remain there. In 1776 he was colonel of a regiment, which was pro-
nounced by Gen. Sullivan to be "the first complete regiment on the
spot, and by far the largest and best that came from either colony."
He was a brave officer. In March, 1782, he was representative from
Dover to the general assembly.
(21) Hon. Ebenezer Thompson -was a native of Durham, and for
many years one of the most prominent of her citizens. He was many
times representative, clerk of the house and senate, secretary of state
^775~^7^S-> councillor 1787, commissioner to New Haven 1777, a mem-
ber of the committee of safety 1 775-1 781, justice of the superior court,
delegate to congress 1783, &c. He died August, 1S02, aged 65.
(22) Dr. James How, of Rochester, was a respectable physician,
and sometime member of the general court. He died October 13,
1807, aged 54.
3
34 • STATE OF NEW HAMPSHIRE.
(23) Rev. William Hooper, of Madbury, was a Baptist elder,
formerly of Berwick, Maine. He commenced preaching in Madbury
about 1773, and continued there several years.
(24) Thomas Cogswell, Esq., son of Nathaniel Cogswell, born
in Haverhill, Massachusetts, August 4, 1746. At the age of 24 he
married Ruth, daughter of Gen. Joseph Badger, of Gilmanton ; was
an officer in the revolutionary war, with the rank of colonel ; often
moderator and selectman in the town ; in 1784 to 1810 chief-justice of
the court of common pleas, and was twice a candidate for representa-
tive to congress. In September, 1804, he presented the Congregational
church in Gilmanton twenty-live dollars for purchasing a sacramental
service for the use of the church. He died September 3, 1810, aged 64.
His wife survived him, and died Oct. 16, 1839, aged 88. (See History
of Gihnantoii.)
(25) Hon. Ebenezer Smith, son of Daniel Smith, of Exeter, born
in 1734, was a proprietor of the town of Gilmanton, but became an
early settler in Meredith, 1768, and was as a "father to the town for
many years." He was representative, justice of the peace, judge of
probate, lieutenant-colonel of the loth regiment militia, and two years
president of the senate. He died at Meredith, August 27, 1807, aged 73.
(26) Daniel Bedee, Esq., was a member of the fifth provincial
congress, at Exeter, December, 1775 ; town-clerk and justice of the
peace the same year. He was representative to the general court,
justice of the quorum, judge of the court of common pleas, and was a
useful and much respected citizen of Sandwich.
(27) Col. Nathan Hoit, of Moultonborough, was a brave officer in
the revolution; in 1777 he was ensign in Capt. Daniel Livermore's
company; in 1781 he was lieutenant, and gradually advanced to the
command of a regiment.
(28) David Copp, Esq., of Wakefield, was a prominent citizen; in
1 77 1 he was appointed by Gov. John Wentworth one of a committee to
lay out a road from Wolfeborough to Dartmouth college ; in August,
1775, he was first major in Col. Joseph Badger's regiment of militia; in
November the same year he had command of a company for the
defence of the Piscataqua harbor and fortresses; in November, 1780,
lieutenant-colonel of the 19th regiment of militia; and in 1782-1783 he
represented the town in the legislature.
(29) Col. David Page was one of the early settlers in Conway.
He went thither from Concord, about 1765, and became a leading
citizen of the town.
(30) Capt. William Barron, of Merrimack, was a member of the
Hillsborough county congress, that met in Amherst, April, 1775; was
captain of Company 9, under Col. Isaac Wyman, 1776, and of Company
3, under Col. Moses Nichols, 1780, for the defence of West Point. He
was a brave officer and prompt in duty.
(31) Zechariah Chandler, Esq., born in Bedford, May 28, 1751,
'died April 20, 1830, aged 79. He was grandfather of the Hon. Zach
BIOGRAPHICAL SKETCHES. 35
Chandler, of Detroit, Michigan, who succeeded Gen. Lewis Cass as
U. S. senator, and is Secretary of the Interior at Washington.
(32) Daniel Emerson, Esq., of Hollis, was appointed a coroner for
Hillsborough county in 1776; captain of the 5th company in Colonel
Mooney's regiment, 1779, for the expedition to Rhode Island, and was
representative in 1782 ; he was a councillor in 1787, and died October
4, 1821, aged TS.
(j)^ Hon. Joshua Atherton, born at Harvard, Massachusetts, June
20, 1737; was a graduate of Harvard college, 1762; commenced the
practice of law in Amherst, 1772 ; was father of Hon. Charles H. Ath-
erton, and grandfather of Hon. Charles G. Atherton, both distinguished
as lawyers and civilians. In the revolution, Mr. Atherton at first
favored the loyalists, and for a time was imprisoned in Amherst jail,
but subsequently regained the confidence of his fellow-citizens ; was
a member of the convention that adopted the federal constitution 1788,
state senator 1793, and attorney-general of the state 1793-1801. He
died in Amherst, April 3, 1809, aged 71.
(34) Charles Barrett, Esq., was a distinguished citizen of New
Ipswich, son of Dea. Thomas Barrett, born in 1740; a man of inventive
genius and mechanical skill and enterprise, and an early manufacturer.
At the beginning of the revolution he was suspected of tory principles,
but he regained the confidence of his fellow-citizens ; was a delegate to
the federal convention in 1788, representative 14 years, a senator and
councillor. He died September 21, 1808, aged 68.
(35) William Abbott, Esq., born in Andover, Mass., Jan. 14, 1748 ;
settled in Wilton in 1772, where he was for many years a prominent
man in town affairs, serving as selectman, town-clerk, and representa-
tive ; he was also a member of the conventions of 1788 and 1791-2.
He was a patron of learning, good order, and religious institutions,
and a man of strict integrity. He died November 30, 1793, aged 45,
leaving a wife, six sons, and three daughters.
(36) Hon. Jeremiah Smith was one of the most active and influen-
tial members of the convention. He was a native of Peterborough,
born November 29, 1759; ^^^ ^^'^^ ^^ ^'^^ battle of Bennington at the
age of 18 ; graduated at Rutgers college in New Jersey, 1780 ; admitted
to the bar 1786, and practised in his native town about ten years;
represented that town 1788-1790; a member of congress 1791-1799,
four terms. In February, 1801, he was appointed by President Adams
judge of the circuit court of the United States ; in 1809 he was elected
governor of the state ; was chief-justice of the superior court from May,
1802, to May, 1809, and of the supreme judicial court from July, 1813,
to June, 1 816. He received the honorary degree of LL. D. both from
Harvard and Dartmouth colleges. He settled in Exeter about 1797,
where he resided the greater part of his public life, useful and honored.
He died at Dover, September 21, 1842, aged 83. (See Monoir of, by
Rev. John H. Morrison.)
(37) Robert Wallace, Esq., of Henniker, was a native of London-
derry, judge of the court of common pleas for Hillsborough county
36 STATE OF NEW HAMPSHIRE.
from 1S03 to 1813; councillor from 1788 to 1789, and from 1790 to 1803,
making in all 14 years. He died in January, 181 5, aged 66.
(38) Major Benjamin Pierce, of Hillsborough, born December 25,
1757, in Chelmsford, Mass. ; governor of the state in 1827, and again in
1829; was the father of Franklin Pierce, president of the United States
in 1 852-1 856. He was a soldier in the revolution, afterwards inspector-
general of the Hillsborough county militia, and brigadier-general ;
sheriff of the county 1807-1814, and 1819-1827; representative eleven
years, and councillor six years. A gentleman of the old school, and of
generous and noble impulses, he was held in honor as a citizen. He
died at his family mansion in Hillsborough, April i, 1839, in the 82d
year of his age.
(39) Rev. Amos Wood was pastor of a Baptist church in Weare ; he
was ordained November 19, 1788, and died February 3, 1793.
(40) Major Caleb Stark was the eldest son of Gen. John Stark,
born December 3, 1759. ^^ ^^^ ^^ ^^^ battle of Bunker Hill in 1775 ;
continued in the army through the war; he had commission as ensign
in 1776; was adjutant in Col. Cilley's regiment in the battle of Behmus
Heights, October, 1777. After the revolution he resided in Boston as
an importing merchant some years, but in 1812 he engaged in cotton
manufacture in Suncook, New Hampshire. He died in Oxford, Ohio,
August 26, 1838, but was buried in Dunbarton.
(41) Rev. Jonathan Searls was born in Rowley, Massachusetts;
graduated at Harvard college, 1765 ; was minister of the Congregational
church in Salisbury, of which Col. Ebenezer Webster was a member.
He was ordained November 17, 1773, dismissed November 8, 1791,
and died in December, 1819, aged 74.
(42) Nath'l Sartile Prentice, of Alstead, was town-clerk in 1775,
representative in 1775 and 1776; was captain of a company, and justice
of the peace for Cheshire county in 1776, and in July of that year was
one of the committee of safety. When the dispute arose relating to
the New Hampshire grants, 1 776-1 780, he took sides with Vermont,
and on Dec. 5, 1781, a warrant was issued for his arrest, on charge of
"acting as an officer of Vermont" within the bounds of New Hamp-
shire, and as "guilty of sundry acts inimical to this state." Accord-
ingly he was arrested, tried by the committee of safety, and imprisoned
in Exeter gaol, 1782. In March the general assembly voted "to strike
off his name from the list of civil officers in the state." It appears that
he regained the confidence of his fellow-citizens, and was delegate to
the convention in 1791-92.
(43) Daniel Newcomb, Esq., of Keene, graduated at Harvard col-
lege 1768; w^as town-clerk; one of the delegates to the convention in
Walpole, November 15, 1780, relating to the jurisdiction of the New
Hampshire grants, and again at Charlestown in January 24, 1781. In
1 796-1 798 he was chief-justice of the court of common pleas for Cheshire
county. He died 181 8.
(44) Col. Daniel Rand, of Rindge, was born in Shrewsbury, Massa-
chusetts, Oct. 15, 1742, son of Solomon Rand. In the revolution he
BIOGRAPHICAL SKETCHES. 3/
was an ensign in the Lexington company, lieutenant in Col. Isaac
Wyman's regiment in 1776, and captain in Col. Moore's regiment
in 1777, and was appointed colonel of New Hampshire militia about
1785. He represented the town in the legislature ten years, and seven
years was one of the selectmen of the town ; a man "of strict integrity
and unimpeachable character." He died July 3, 181 1, aged 69.
(45) John Duncan, Esq., was a native of Londonderry, and settled
in Antrim in 1773, his family being the seventh that settled there. He
was long an eminent citizen, being selectman, town-clerk, representa-
tive, and senator. His cheerfulness, candor, and integrity won him
many friends. As a magistrate, he was eminently a peace-maker; and
as an elder of the church, he labored to advance the moral and religious
interests of the town. Sometimes, but sparingly, he indulged in sallies
of wit. A Mr. Pickering, an eminent lawyer, once said in the house of
representatives that lawyers were the pillars of the state, as without
their aid not a single important bill could be drafted. Mr. Duncan rose
and said, in his Scottish accent, — ''Mr. Speaker : There are different
kinds of pallyars : there is a kind of pallyars that supports buildings ;
there is also another kind of pallyars called eater-pally ars^ that devour
men's substance. If the gentleman refers to the latter kind of pall-
yars, I perfectly agree with him."' He closed his long life in March,
1823, at the age of 89. {Hist, of Antrim.)
(46) Hon. Samuel Livermore, Esq., president of the convention,
was probably a descendant of John Livermore, who was in Water-
town, Mass., 1642. He was born in Waltham, Mass., May 14, 1732,
O. S; graduated at Princeton, N. J., 1752; came to New Hampshire
1757, and established himself in Portsmouth ; for several years was
judge-advocate of the admiralty court, and in 1769 was the king's
attorney-general for New Hampshire. About 1765 he settled in Hol-
derness, Grafton county ; representative from that town ; attorney-
general of the state before the revolution, and afterward, 1776; in 1779
he was appointed commissioner to support and defend the claims to
the New Hampshire grants ; member of congress 1 780-1 782, and then
chief-justice of the state 1 782-1 790, as successor of Hon. Meshech
Weare. He was a member of the federal convention in 1788; again
elected to congress 1 790-1 793; United States senator six years; he
received the honorary degree of LL. D. from Dartmouth college
1792. He died at Holderness, May, 1803, in the 72d year of his age.
(47) Elisha Payne, Esq., of Lebanon, graduate of Dartmouth
college in 1784; died 1808, aged 45.
[p. 37.] A JOURNAL OF THE Proceedings of the Con-
vention OF THE State of New Hampshire for re-
vising THE Constitution of said State.
Wednesday, Sept^ 7*^ 1791.
Upwards of eighty members met in Convention agreably
to precepts issued for that purpose : After making choice of
the Hon^^^ Timothy Walker, Esq. as chairman and being
sworn, proceeded to the choice of a Secretary by ballot, and
John Calfe, Esq. was chosen and sworn for that purpose.
Motion was then made for the choice of a President and
the Hon^'l Samuel Livermore, Esq. was chosen.
Voted, That Mr. Cilley, Mr. Thompson, Mr. Newcomb,
Mr. Walker & Mr. Macgregore be a Committee to examine
the returns of the several members and report thereon.
Voted, That Mr. Plummer, Mr. Page, Mr. Rogers, Mr.
[p. 38.] Livermore & Mr. Atherton be a Committee to re-
port such rules as they may judge necessary to be observed
in regulating the proceedings in this Convention.
Voted that the Rev*^ Mr. Evans be requested to attend
and officiate as Chaplain (i) to this Convention during their
present Session.
Adjourned to 9 o'clock to-morrow morning.
Thursday, Sept^* 8"\ 1791.
Met according to adjournment.
The Committee to examine the returns having reported :
Resolved that the returns of members from the Towns and
districts intitled to send delegates to this Convention be re-
ceived and deemed sufficient unless any particular objection
is made thereto.
With respect to Towns that had chosen members, who
had not heretofore sent Representatives to the General
Court, the Committee reported as follows : — That the Town
of Epsom is intitled by Constitution to send a member to
Convention.
(i) The Rev. Israel Evans was at this time minister of Concord, and pastor of the Congre-
gational church. He was a chaplain in the army during the revolution. From 1777 till the
close of the war he was connected with the New Hampshire brigade, at first under the com-
mand of Gen. Enoch Poor. He was a great admirer and friend of Gen. Washington. It is
related that in his last sickness, being visited by Rev. Dr. IMcFarland, his successor in office,
the latter prayed for him, "That at life's close he might sit down with Abraham, Isaac, and
Jacob in the kingdom of God." To which Mr. Evans audibly added, "and ivith Washing-
ton, too." He died in Concord, March 9, 1807, in the 60th year of his age. — Ed.
JOURNAL OF CONVENTION. 39
[p. 39.] They have also had satisfactory evidence to them,
that Northwood & Allenstown have a Constitutional right
to send a member, & that Allenstown was notified to join
in the meeting at which Jonathan Clark Esq was chosen.
It appears to your Committee from evidence satisfactory
to them that Hinnekar & Hillsborough each have a right
by the Constitution to send members.
The Town of Litchfield hath not been classed with any
other Town for representation since the Constitution was
adopted & therefore have not been represented in the Gen-
eral Court, but would have been entitled to send a mem-
ber had they petitioned the General Court for the purpose.
That Rochester has a Constitutional right to send two
members to the Convention.
The foregoing report was accepted, and the Delegates al-
lowed a seat in Convention.
The Committee to report such Rules as they judged nec-
essary to be observed in regulating the proceedings in Con-
vention reported the following rules.
[p. 40.] i^*. The President having taken the Chair and a
Quorum being present, the Journal of the preceding day
shall be read, to the end that any mistake may be corrected
that shall have been made in the entries.
2^^. No member shall speak to another or otherwise inter-
rupt the business of the Convention while the Journal is
reading or when any member is speaking ; nor pass be-
tween the President and a member speaking,
3^\ Every member when he speaks shall stand up and ad-
dress the President and wdien he has finished shall sit down.
4*K No member shall speak more than twice in any one
debate on the same day without leave of the Convention.
5^^ When two members rise at the same time, the Presi-
dent shall name the person to speak, but in all cases the
person first rising shall speak first.
[p. 41.] 6"\ When the President shall stand up to put the
question, the members shall sit down and keep silence.
7"\ No motion shall be debated until the same shall be
seconded — and any member may at any time withdraw his
motion.
8'^ When a motion shall be made and seconded it shall
if desired by the President or any member be reduced to
writing, delivered in at the table and read by the President
before the same shall be debated.
40 STATE OF NEW HAMPSHIRE.
gth While a question is before the Convention, no motion
shall be received, unless for an amendment, for postponing
the main question, or to commit it, or to adjourn.
lo^^ The previous question being moved and seconded,
the question from the Chair shall be, " Shall the main ques-
tion be now put .'' " and if the negative prevails the main
question shall not then be put.
[p. 42.] 1 1^^ If a question in debate contain several points,
any member may have the same divided.
12^^ Committees of less than five shall be nominated by
the President, but Committees of five or more shall be cho-
sen by ballot.
13^^ Questions of order shall be determined by the Pres-
ident, but any member may appeal to the Convention ; and
when a member is called to order, he shall sit down until the
question is determined, whether he is in order or not, which
shall be decided without debate, but the member may explain.
I4^'\ The yeas & nays if called for by any one member
shall be entered on the Journal upon any proposition moved
to be sent out to the people as an amendment or alteration
to the Constitution ; and each member present, and having
heard the debates upon the particular question shall give
his yea or nay except excused by a vote of the Convention :
[p. 43.] — and in the same manner may the yeas and nays
be taken and entered on the Journal upon all the amend-
ments collectively agreed to by the Convention to be sent
out to the people.
i5*^\ Every question being put by the President shall be
taken to be in the afifirmative unless disputed by a member,
on which case, the members shall be counted beginning
with those in the affirmative standing up, and then those in
the negative the same ; and every member having heard
the debates shall vote upon the question, except excused by
a vote of the Convention.
i6^^ No person except a member or an of^cer of this
Convention shall be allowed to come within the Bar of the
House, (i) except such public characters as the President
may invite, for whom particular seats shall be assigned.
(i) The meeting of the convention was held in the town-house in Concord, built in 1790,
and designed at the time partly for the accommodation of the general court. It was a one-
story building, on the spot where the city hall stands, with a door in the middle. The inte-
rior contained two rooms, — one for the house of representatives, on the north side, and the
other for the senate, on the south, with several small committee-rooms on the back side. A
stairway led to a small gallery for spectators. In this building the general court held its
sessions till the completion of the state house in i8ig. See Boutan's Hist, of Concord, pp.
304-307.— Eu.
JOURNAL OF CONVENTION.
41
Which Report was read and considered, received and ac-
cepted.
Read the Bill of Rights & Constitution of the State.
[p. 44.] Adjourned to 3 o'clock, P. M.
Met accordingly.
Voted That the Constitution be read by sections or arti-
cles, in order that any member may offer his sentiments rel-
ative to any defects therein and propose such alterations as
he may think necessary. The i^*, 2'\ 3*^\ 4*^ & 5*^^ articles
in the Bill of rights were read and no debate ensued.
The 6"^ article was read & largely debated and some al-
terations proposed, but no vote obtained in favour of the
alterations.
A motion was made to erase the 6*^^ article in order to
substitute another in its stead ; on which motion the yeas
& nays were called and are as follows, viz.
Veas.
Veas.
Mr. Humphreys
Mr. Flanders
Mr. Plummer
Mr. Whipple
Mr. Dow
Mr. Rogers
Mr. Hoyt
Mr. Crawford
Mr. Tash
Mr. Johnson
Mr. Copp
Mr. Hutchins
Mr. Greelev
Mr. White.
Mr. Stark '
A^ays.
ATays.
[p. 45.] Mr. E. Livermore
Mr. Walker
Mr. Tinney
Mr. Head
Mr. ^Macgregore
Mr. Emerson
Mr. Blanchard
Mr. Swain
Mr. Pickering
Mr. Tilton
Mr. Brackett
Mr. Calfe
Mr. Goss
Mr. Peabody
Mr. Leavitt
Mr. Davidson
Mr. Toppan
Mr. Gibson
Mr. Dodge
Mr. Waldron
Mr. Robinson
Mr. Thompson
Mr. Fogg
Mr. Rawlings
Mr. Webster
Mr. Palmer
Mr. Wheeler
Mr. How
Mr. Stow Ranney
Mr. Waldron
Mr. Rogers
Mr. Harper
Mr. Ciliey
Mr. Cogswell
Mr. March
Mr. Clough
Mr. McCIarev
Mr. Hooper
Mr. Clark
Mr. Smith
Mr. Si as
Mr. Bedee
Mr. Foster
Mr. Hodgdon
42
STATE OF NEW HAMPSHIRE.
Mr. D. Page
Mr. R. Parker
Mr. AIM
Mr. Barron
Mr. Chandler
Mr. Wm. Page (G)
Mr. D. Emerson
Mr. Atherton
Mr. Barrett
Mr. Fisk
Mr. P. Clark
Mr. Cragin
Mr. J. Smith
Mr. Nicols
Mr. Wallace
Mr. Pierce
Mr. Warren
Mr. Wood
Mr. Searls
Mr. Green
Mr. W. Page (C)
Mr. Prentice
Mr. Newcomb
Mr. Whitcomb
Mr. Gilmore
Mr. Alexander
Mr. Temple
Mr. Jackson
Mr. Rand
Mr. French
Mr. Kingsbury
Mr. Chase
Mr. Wilcox
Mr. Duncan
Mr. Holmes
Mr. Warden
Mr. Tainter
Mr. N. Parker
Mr. Kimball
Mr. Livermore
Mr. Payne
Mr. Franklin
Mr. Tarlton
Mr. Carlton
Mr. Cargill.
15 yeas — 89 Nays. So it was negatived.
Adjourned to 9 o'clock to-morrow morning.
Friday Sept'". 9"' 1791.
Met according to adjournment.
Resolved, that the following rule be observed in regulating
the proceedings in this Convention.
[p. 46.] I7^^ That it be a rule in conducting business that
in any stage of a Question a motion to postpone the further
consideration of any matter in debate, be considered as in
order, and the main question left open for future discussion.
The 7*^ 8*", 9^^ lo^'^ IIt^ I2t^ 13^ 14,'^^ 15"^ and 16*^^ Ar-
ticles were read and no debate ensued.
The 17*^ Article was read, and it was resolved that the
following words be inserted, "in the Courts of this State,"
which words are to follow next after the words, " In criminal
prosecutions," and that the word "Assembly" be expunged,
and the word "Legislature" inserted in lieu thereof.
The 18*'' Article was read and no debate thereon.
The 19^^ Article was read and debated and motion was
made to expunge all the words in said Article, after the
word "possessions," which motion was committed to the con-
JOURNAL OF CONVENTION. 43
sideration of Mr. Peabody, Mr. Foster and Mr. Smith of Pe-
terboro'; — and that they report thereon,
[p. 47.] The 20*^^ Article was read and objected to and it
was voted to be postponed until the Judiciary System may
come under consideration.
The 2i^S 22^ 23"\ 24^^ 25*^ 26*^, 27'^ 28"^ 29"^ & 30^^^ were
read and no debate ensued.
The 31'* was read and debated, and motion was made to
strike out the whole of said article — the determination on
said motion was voted to be postponed until the Constitution
comes under consideration.
The 32'^ Article was read and motion made to postpone
the consideration thereof until the Plan of Government comes
under consideration.
The 33'^ & 34*^' Articles were read but not debated.
The 35^^ Article was read and after some debate it w^as
voted to be postponed until the Plan of Government comes
under consideration.
The 36^'\ 37^^ & 38'" Articles were read and no debate
thereon.
Adjourned to 3 o'clock P. M.
Met accordingly.
The first paragraph in the Form of Government under
Part 2'\ was read and not debated.
Under General Court, the first was read and not de-
bated.
The second paragraph was read and motion was made
[p. 48.] that the word **June" be struck out and the word
January inserted, which was negatived. Motion was then
made that the word "June" may be struck out and some
other may be agreed on — but the motion was lost.
The 3'^ & 4*^ paragraphs were read but not debated.
Under Senate,
The first paragraph was read and debated but no altera-
tion took place.
The second was read and debated with respect to the num-
ber of Senators and the proportion as it now stands ; which
debate terminated in the following motion, "That that part
of the Constitution which respects the number and propor-
tion of Senators be referred to a Committee of one from each
County; — which passed in the affirmative, and the ballots
44 STATE OF NEW HAMPSHIRE.
being taken for the Committee Mr. Peabody, Mr. Cogswell,
Mr. Smith of Peterboro', Mr. Page of Charlestown & Mr.
Freeman were chosen to take said motion under considera-
tion and report thereon.
The third, fourth, fifth & sixth paragraphs were read and
no debate thereon.
[p. 49.] The seventh paragraph was read and motion was
made that the word "majority" be struck out, and the word
plurality inserted — which motion after debate, was voted to
be postponed.
Adjourned to 9 o'clock to-morrow morning.
Saturday Sepf. io*\ 1791.
Met according to adjournment.
The seventh paragraph having again come under consid-
eration, motion was made that the whole of the paragraphs
under the head of Senate, be referred to the Committee ap-
pointed on the motion respecting the number and proportion
of Senators, and that they report on the whole under said
head.
Under the head,
"House of Representatives,"
The whole was read — Then proceeded by paragraphs. On
reading and considering the first paragraph under said head,
motion was made that the words " One hundred & fifty" be
expunged, and the words "two hundred" inserted — which
motion was lost. Motion was then made that the paragraph
ascertaining the number and proportion of Representatives
be so altered as to lessen the number of Representatives ; —
[p. 50.] After some debate, the previous question was called
for, and the question was put by the President, Shall the
main question be now put.-^ which passed in the negative:
after which the yeas and nays were called for ; but it being
doubted whether it were in order to call for the yeas & nays
after the matter was decided, the President requested the
opinion of the Convention on the point of order ; The same
was determined by yeas and nays and are as follows, (viz.)
Veas. Yeas.
Mr. E'l Livermore Mr. Goss
Mr. Humphrey Mr. Robinson
Mr. Tinney Mr. Fogg
Mr. Macgregore Mr. Stow Ranney
JOURNAL OF CONVENTION.
45
Mr. Plummer
Mr. Rogers
Mr. March
Mr. Waldron
Mr. Thompson
Mr. Chandler
Mr. Page (Goffstown)
Mr. Barrett
Mr. Fisk
Mr. Jere Smith
Mr. Stark
Nays.
Mr. Blanchard
Mr. E. Pickering
Mr. Brackett
Mr. Leavitt
Mr. Dodge
Mr. Webster
Mr. Wheeler
Mr. Cilley
Mr. McClarey
Mr. Clark
Mr. Sias
Mr. Foster
Mr. E. Wood
Mr. Walker
Mr. Head
Mr. N. Emerson
Mr. Swain
Mr. Tilton
Mr. Calfe
Mr. Peabody
Mr. Dow
Mr. Davidson
Mr. Gibson
[p. 51.] Mr. Rawlings
Mr. Palmer
Vlx. How
Mr. Waldron
Mr. Harper
Mr. Cogswell
Mr. Clough
Mr. Hooper
Mr. E. Smith
Mr. Bedee
Mr. Hoit
Mr. Hodgdon
Mr. Tash
Mr. Copp
29 yeas, 74 nays — so it
Adjourned to 3 o'clock
Mr. Green
Mr. Page (Charles*^)
Mr. Prentice
Mr. Newcomb
Mr. Gilmore
Mr. Temple
Mr. Kingsbury
Mr. J. Duncan
Mr. Freeman
Mr. Payne
Mr. Franklin.
Nays.
Mr. R. Parker
Mr. Alld
Mr. Barron
Mr. D. Emerson
Mr. Atherton
Mr. Abbott
Mr. P. Clark
Mr. Cragin
Mr. Nichols
Mr. Wallace
Mr. Pierce
Mr. Warren
Mr. Greeley
Mr. A. Wood
Mr. Searls
Mr. Flanders
Mr. Whitcomb
Mr. Whipple
Mr. Alexander
Mr. Jackson
Mr. Rand
Mr. French
Mr. Chase
Mr. Wilcox
Mr. Holmes
Mr. Warden
Mr. Tainter
Mr. N. Parker
Mr. Kimball
Mr. S. Duncan
Mr. Rogers
Mr. Crawford
Mr. Johnson
Mr. Hutchens
Mr. Tarlton
Mr. White
Mr. Carlton.
was determined to be out of order.
P. M.
46 STATE OF NEW HAMPSHIRE.
Met accordingly.
The first paragraph being again read, a motion was made
to postpone the further consideration thereof until Monday
next at 4 o'clock P. M. — passed in the affirmative. The sec-
ond, third & fourth paragraphs were read & motion was made
to postpone the consideration thereof until Monday next at
4 o'clock P. M. which passed in the affirmative.
The fifth paragraph was read and motion made that an
alteration be made in this Article so that the election be
determined by poll, if required by seven of the electors pres-
ent:— which motion was lost: motion was then made that
the words "Shall be of the Protestant religion," be struck
[p. 52.] out — to determine which the yeas & nays were
called, and are as follows, (viz.)
Veas. Yeas.
Mr. Humphreys Mr. Whipple
Mr. Tinney Mr. Temple
Mr. Blanchard Mr. Copp
Mr. Stow Ranney Mr. Wilcox
Mr. Plummer Mr. Freeman
Mr. Rogers Mr. Payne
Mr. Foster Mr. White
Mr. Peabody Mr. Carlton
Mr. Hoyt Mr. Rogers
Mr. Thompson Mr. P. Page
Mr. Greeley Mr. Crawford
Mr. Barrett Mr. Johnson
Mr. Flanders Mr. Freeman
Mr. Jer«^ Smith Mr. Payne
Mr. Tash Mr. How
Mr. Stark Mr. Clough
Mr. Bedee Mr. Bedee ? (i)
Mr. Page, (C) Mr. Hooper.
33 yeas — 51 nays — so it was negatived.
[Note. The names of the nays are not entered ; and the yeas, as
recorded, are 35 instead of 33. — Ed.]
Adjourned to Monday next at 10 o'clock, A. M.
[p. 53.] Monday, Sept. 12"', 1791.
Met according to adjournment.
The sixth paragraph was read and the following introduced
in its stead.
"The members of both Houses of the Legislature shall
be compensated for their service out of the public Treasury
(i) This name appears twice. — Ed.
JOURNAL OF CONVENTION. 47
by a Law made for that purpose. All vacancies may be filled
up at any time as occasion may require."
The 7"^ paragraph was read but not debated.
The 8"^ was read and some debate ensued but no altera-
tion made.
The 9^^ I0*^ & 11*^^ paragraphs were read & no debate
ensued.
The 12^^ paragraph was read and motion made to make
the following addition: "The House of Representatives shall
be the Judge of the returns, elections and qualifications of
its own members as pointed out in the Constitution" — which
passed in the affirmative.
The 13^^^ paragraph was read and motion made to strike
out the following words — "The Journals of the proceedings
of both Houses of the General Court shall be printed and
published immediately after every adjournment or proroga-
tion:"— After some debate the motion was referred to Mr.
[p. 54.] Peabody, Mr. Thompson and Mr. Payne, who are to
report their opinion thereon.
Motion was then made that the last clause of said para-
graph be expunged, which consists of the following words :
"And upon motion made by any one member, the yeas &
nays upon any question shall be taken & entered in the
Journals:" after some debate the motion was withdrawn.
Motion was then made that said last clause be altered to
read in the following manner: — "And upon motion made by
any one member and seconded by another, the yeas and nays
upon any question shall be taken and entered in the Jour-
nals"— which motion was determined in the negative by yeas
and nays, which were as follows:
[The names are not entered. — Ed.]
[p. 55.] 19 yeas, 62 Nays, (i)
Executive Power.
Under the head of President.
The first paragraph was read and voted that the stile of
the Supreme Magistrate be altered from "the President of
the State of New Hampshire," to "the Governor of the State
of New Hampshire."
(i) Persons who are curious to learn the names of those who voted yea or nay, may consult
the marks jv or « as entered against the name of each member on u specified day, as seen in
the list of members on pp. 2-33. — Ed.
48 STATE OF NEW HAMPSHIRE.
The second & third paragraphs were read and the consid-
eration thereof postponed by vote until the afternoon.
The fourth paragraph was read and motion was made to
expunge said paragraph, and after some debate passed in the
affirmative ; — the yeas and nays on the determination were
as follows, (viz.)
[Names are not entered. — Ed.]
[p. 56.] 65 yeas — 14 Nays.
Adjourned to 3 o'clock P. M.
Met accordingly.
The fifth & sixth, seventh & eighth paragraphs under
said head were read and no debate ensued.
The ninth paragraph was read and motion was made that
the following be inserted in lieu thereof: — ''that all Judicial
Officers, the Attorney General, Solicitors, all sheriffs, coro-
ners, registers of probate, and all officers of the Navy and
[p. 57.] general and field officers of the militia, shall be nomi-
nated by the Governor and by and with the advice and con-
sent of the Council, shall be appointed by him, and every
such nomination shall be made at least seven days prior to
such appointment and no appointment shall take place unless
three of the Council agree thereto. The Captains & subal-
terns in the respective regiments shall be nominated and
recommended by the field Officers to the Governor, who is
to issue their Commissions immediately on receipt of such
recommendation.
Resumed the consideration of the first paragraph under
the head of House of Representatives, [see marg, pp. 49-51]
which was postponed on Saturday last to this time, and mo-
tion was made in the following words: "That there shall be
in the Legislature of this State a House of Representatives
consisting of sixty persons who shall be the second branch
of the Legislature and annually elected by the people: That
such representation may be as equal as circumstances will
admit, the General Court shall divide the State into sixty
districts making such division by the number of rateable
polls as equal as may be so as not to divide towns & unincor-
porated places, and timely to make known to the Inhabitants
[p. 58.] of the State the limits of each district; That each
district shall be entitled to send one representative ; that the
member of the House of Representatives shall be annually
elected on the first Monday of March; That every male
JOURNAL OF CONVENTION. 49
inhabitant of each town in the District to which he belongs of
twenty one years & upwards, paying for himself a poll Tax
shall have a right at said meeting to be duly warned & holden
annually forever on said first Monday of March, to vote in
the town wherein he dwells for the representative of the dis-
trict whereof he is a member, and after the Inhabitants of
the towns have voted the meetings shall be adjourned to the
third Monday of March; That on the second Monday of
March the several Town clerks of each district shall meet
at some convenient central place in the district with copies
of the record of the proceedings of said town meetings to ex-
amine and count the votes, and if upon examination it shall
appear to said Town clerks that any one has a majority of
the votes, they shall declare him chosen and a certificate of
his choice signed by the major part of said clerks shall be
[p. 59.] deemed sufficient evidence of his election ; but in case
no one person has a majority of votes the said clerks shall
return to the several Towns in the district the two persons
having the highest number of votes, and on the third Mon-
day of March the inhabitants of the said Towns shall elect
one of the candidates to represent said district: The said
Town clerks of the district shall meet again on the fourth
Monday of March at the place of their first meeting with a
copy of the record of the last meeting, and sort, count and
examine the votes and declare who is elected representative
of the district, and a certificate signed by the major part of
said clerks shall be the proper evidence of such Representa-
tive's election.*
[p. 60.] After some debate, a division of the motion was
called for and the yeas and nays required on the first clause
in said motion, namely — "There shall be in the Legislature
of this State, a House of Representatives consisting of sixty
persons who shall be the second branch of the Legislature,
and annually elected by the people."
The yeas & nays being taken were as follows, viz.f
22 yeas — 73 nays, so it was negatived,
[p. 61.] Motion was then made to strike out the words "one
hundred and fifty," in order to insert a larger number: to de-
termine which the yeas and nays were called and are as fol-
lows (viz.)
[p. 62.] 31 yeas — 70 nays. So it was negatived.
* This motion was made by William Plumer. — Marg.
f Names are not in any case entered. — Ed.
50 STATE OF NEW HAMPSHIRE.
Motion was then made that the words ''if four hundred
and fifty rateable polls," be erased and the words " three hun-
dred" be inserted instead thereof: And the words, "making
three hundred such polls the mean increasing number for
every additional representative," be also erased : — on which
motion the yeas and nays were called for and were as follows,
(viz.)
[p. 63.] 21 yeas — yj Nays. So it passed in the negative.
Adjourned to 8 o'clock to-morrow morning.
Tuesday, Sept. 13*^ 1791.
Met according to adjournment.
The second, third & fourth paragraphs under the head of
House of Representatives were resumed, read & considered,
but no alteration made.
Proceeded to tenth paragraph under the head Presi-
dent.
The I0*^ II*^ I2*^ I3*^ I4*^ I5^^ I6^^ & 17^^ paragraphs
were read and no debate ensued.
[p. 64.] The 18^^ paragraph was read and postponed until
the committee report, who were chosen to report respecting
senators.
Under the head " Council"
The first paragraph was read and after some debate, voted
to postpone the whole under the head Council, until it shall
be determined in what manner the Senate shall be appointed.
Under the head,
"Secretary, Treasurer, Commissary GenV &c.
the first & second paragraphs were read & no debate ensued.
Under the head
"County Treasurer," &c.
The paragraph was read and after some debate, voted. That
the following be inserted instead thereof: "The County Treas-
urer and register of Deeds shall be elected annually by the
Inhabitants of the several Towns in the several Counties in
this State according to the method now practised ; But the
Legislature may alter the present Laws & method of collect-
ing the votes, and before they enter upon the business of
their offices, shall be respectively sworn faithfully to dis-
[p. 65.] charge the duties thereof, and shall severally give
JOURNAL OF CONVENTION. $1
bond with sufficient sureties in a Reasonable sum for the
use of the County for the punctual performance of their re-
spective trusts."
The committee chosen to report upon several paragraphs
under the head " Senate" reported in favour of several amend-
ments or alterations, as follows : —
jst "Xhe Senate shall choose one of their own mem-
bers President of the Senate" — which was read and consid-
ered, received and accepted.
2^. "The Legislature shall divide the State into twelve dis-
tricts having respect to the proportion of public taxes as
nearly equal as may be without dividing Towns or places,
and each district shall choose one."
Upon reading the 2^ paragraph above mentioned, motion
was made to strike out the word "twelve," and insert the
word "fifteen," which motion was determined by yeas and
nays and were as follows : —
[p. 66.] 1 8 Yeas, 8i Nays. So it was negatived.
Motion was then made to strike out the word "twelve"
and insert the word "thirteen," which passed in the affirma-
tive— and the paragraph thus amended was rec^ & accepted.
3*^^ "The 2^ section under the head of Senate to be ex-
punged"— which passed in the affirmative.
^th "Meetings for the choice of Senators to be holden on
the i^^ Tuesday of March & adjourned to the third Tuesday
of the same month," which was read and debated, and the
following voted to be inserted in its stead: — The Inhabi-
[p. 6/.] tants of the several towns and places in this State
shall give in their votes for Senators at their annual meet-
ings in the month of March.
5^^ "Meetings for the choice of Senators to be holden,
governed and the proceedings certified as the Law directs
in other cases" — which passed in the affirmative.
6'^ "The votes to be returned to persons appointed by
the Legislature in each district who are to count them, and
in case of no choice return the two highest to the several
towns and places in such district ; one of whom at the ad-
journed meeting to be elected."
Which 6^^ article in the report was divided and the first
part thereof accepted, namely, " The votes to be returned to
persons appointed by the Legislature in each district who
are to count them."
52 STATE OF NEW HAMPSHIRE.
Motion was then made that the remainder of the sixth ar-
ticle reported, be struck out, "and in case &c." and the fol-
lowing words inserted: *'And the person having the highest
number of votes in each district shall be declared duly chosen
and the choice shall be certified by the persons who examine
the votes."
To determine which the yeas and nays were called, and
are as follows : — viz.
[p. 68.] 57 yeas, 41 nays. So it passed in the affirmative.
7*^\ " The qualification of a Senator as to estate shall be
Jive Jmndred pounds I' which was debated and motion made
that " five hundred " be struck out, and " two hundred " in-
serted, which passed in the affirmative ; and the paragraph
accepted with the amendment.
[p. 69.] 8*^ " Vacancies shall be filled up by the district in
which the same may happen in the same manner : the gov-
ernor appointing the time of holding the meetings : " which
was read and considered, rec^^ & accepted.
gth a When the Senate sit on the trial of impeachments,
they may adjourn themselves to any time and place, though
the Legislature be not then & there assembled:" — which
was read and consider'd received and accepted.
Adjourned to 3 o'clock, P. M. Met accordingly.
Under the head, "Judiciary Power,"
The whole was read and no debate ensued.
Under the head, "Clerks of Courts,"
The paragraph was read and no debate thereon.
Under the head, " Delegates to Congress,"
The whole was read, and voted that it be expunged.
Under the head, "Encouragement of Literature,"
The Paragraph was read but not debated.
Under the head, "Oaths & Subscriptions," &c.
the first paragraph was read containing form of Oaths &c.
motion was made, the form of Oath called the Oath of
[p. 70.] allegiance be struck out in order to introduce some
other form instead thereof : — which passed in the affirma-
tive: — where upon Voted that the following form be in-
serted :
JOURNAL OF CONVENTION. 53
**I, A. B; do solemnly swear that I will bear faith and
true allegiance to the State of New Hampshire, and will
support the Constitution thereof.
So help 7ne God!*
Voted that the following proviso be inserted, namely :
" Provided also, that when any person chosen to any of the
offices aforesaid shall have already taken & subscribed this
Oath or affirmation of Allegiance and the same shall be on
record or on file in the Secretary's office, it shall not be
necessary for him to take it again on his being chosen."
The second and third paragraphs were read and no de-
bate thereon.
The fourth paragraph was read, and it was voted to strike
out the whole of the paragraph excepting the following
words : " all writs issuing out of the Clerks office in any of
the Courts of Law shall be in the name of the State of
New Hampshire."
[p. 71.] The 5^^ 6^^ 7*^ S*^, 9*^ & lo^^ paragraphs were
read and not debated.
The eleventh paragraph was read and after some de-
bate the following alterations were voted. That the words
" members of Congress or any person holding an office
under the United States shall hold the office of Governor
or" — which words are to be inserted between the word
" nav^al officers " and the words, " shall at the same time "
&c.
The following motion was made, "That attorneys that
practise at the Bar be exempted from holding a seat in the
Senate or House of Representatives," on which motion the
yeas & nays were called and are as follows :
[p. 72.] 1 5 yeas — 79 Nays. So the motion was lost.
Motion was then made that no member of the General
Court shall take fees, be of Council or act as advocate in
any cause before either branch of the Legislature ; and
upon due proof thereof, such member shall forfeit his seat
in the Legislature ; — which passed in the affirmative.*
The remaining paragraphs were read and no debate
thereon.
Voted, That Mr. Plummer, Mr. Smith & Mr. Payne be a
Committee to reduce to form the proposed amendments and
report thereon.
* This motion was made by William Plumer. — Mar^:
54 STATE OF NEW HAMPSHIRE.
[p. 73.] Voted That Mr. Newcomb, Mr. Humphreys and
Mr. Atherton be a Committee to take under consideration
the several paragraphs under the head " Council," and
report thereon.
Adjourned to 9 o'clock to-morrow morning.
Wednesday, Sepf^ 14, 1791. Met according to adjourn-
ment.
The Committee to consider of that article in the Consti-
tution which directs that the Journals of both Houses of
the General Court be printed immediately after every ad-
journment &c. Reported, "That said article ought to be
expunged." Upon reading and considering said report, mo-
tion was made to accept the same — on which motion the
yeas and nays were called, and are as follows :
[p. 74.] 37 yeas, 58 Nays. So it was rejected.
Voted That Mr. Walker, Mr. Peabody & Mr. Cogswell
be a Committee to take under consideration and report such
directions respecting printing the Journals of the proceed-
ings of both Houses of the General Court as they may
judge proper.
Adjourned to 3 o'clock P. M. Met accordingly.
The Committee to consider the 19*^^ article in the Bill of
rights [see marg. p. 46] &c. Reported, That after the first
[p. 75.] period, it be altered so as to read thus (viz.) "There-
fore all warrants to search suspected places or to arrest a
person for examination or trial in prosecution for criminal
matters, are contrary to this right " if the cause &c. then
proceed as it now stands in said 19*^ article: Which report
being read and considered, Voted that it be received and
accepted.
The Committee to consider that part of the Constitution
which respects printing and publishing the proceedings of
both Houses of the Legislature, [see marg. p. 74] Reported :
"That the Journal or Register of said proceedings to be
published contain all acts and Resolves passed and all votes
for raising, granting or appropriating public monies ; — A
brief statement of facts with the prayers contained in any
Petition, by whom offered, & the proceedings thereon ;
Every motion acted upon & by whom made & seconded ;
an account of all Committees chosen with their reports and
proceedings thereon ; and the yeas & nays upon all acts &
Laws."
JOURNAL OF CONVENTION. 55
Upon reading and considering the foregoing report, mo-
tion was made to divide the same in the following manner :
[p. 76.] "That the journal or Register of said proceeding
to be published contain all Acts & Resolves passed, and all
votes for raising, granting or appropriating public monies," —
be first put to vote : which vote obtained, and the report
thus far received and accepted.
Motion was then made that the remaining part of said
Report be accepted, namely "a brief statement" &c. on
which motion the yeas & nays were called and are as follows :
2,8 yeas — 64 nays. So it was negatived,
[p. 2y.~\ Adjourned to 9 o'clock to-morrow morning.
Thursday, Sept^' I5*^ 1791. Met according to adjourn-
ment.
The Committee appointed to take into consideration the
method of appointing the Council &c. [see marg. p. 73]
Reported : — which report after some small alterations made
in Convention stands in the following words, viz.
" That there be annually chosen by ballot by the Inhab-
itants of this State qualified to vote for Senators, five Coun-
sellors for advising the Governor in the executive part of
the Government, one of whom shall be voted for and chosen
in each County by the Inhabitants within the same qualified
as aforesaid, on the day for the election of Senators ; and
the number of votes shall be returned in the manner pro-
vided for returning votes for the Governor to the Secretary
of the State, and shall be sorted and counted by the Secretary
and the Treasurer until the Legislature shall order other-
wise ; and the person having the highest number of votes
in each County shall be considered as duly elected a Coun-
sellor : Provided he be an Inhabitant of the County for
which he is chosen, be of thirty years of age and have an
[p. 'j%?[ estate of the value of five hundred pounds within
this State, three hundred of which at least shall be freehold :
But in case two or more persons shall have an equal number
of votes, the Secretary and Treasurer or such other persons
as the Legislature may appoint, shall draw one of them by
lot, who shall be considered as duly chosen, and the Secre-
tary shall seventeen days before the first Wednesday in
June, give notice of the choice to the persons elected. Pro-
vided however, that if any person thus chosen a Counsellor
shall also be chosen a member of either branch of the Legis-
lature for the same year and shall accept the trust, his
56 STATE OF NEW HAMPSHIRE.
Election as a Counsellor shall be void. And, in such case,
as also when any person chosen to that office shall refuse to
accept the same ; and in case of the death of any Counsel-
lor, the Governor shall issue a precept for the Election of a
new Counsellor in that County, wherein such vacancy shall
happen, which choice shall be in the manner before pre-
[p. 79.] scribed : And if any new County shall be hereafter
erected, a Counsellor may and shall be chosen therein in the
same manner.
" And the Governor shall have full power and authority
to convene the members of the Council from time to time
at his discretion and with them or the majority of them, at
least, may and shall hold a Council for ordering and direct-
ins; the affairs of the State.
" The resolutions and advice of the Council shall be re-
corded by the Secretary and signed by all the members
present agreeing thereto, and this record may be called for
at any time by either branch of the Legislature, and any
member of the Council may enter his opinion contrary to
the resolution of the majority, with the reasons of such
opinion."
Which was read and considered, rec^ & accepted.
Resolved, That for the more effectually preserving the
proper separation of the three great powers of Government
agreeably to the 37^^' Article in the Bill of Rights, the power
of hearing and deciding in causes of equity ought to be
vested either in some Judicial Court or Courts, or in some
[p. 80.] Court or Courts to be established and impowered
specially for that purpose. Provided that no power shall be
granted to said Courts incompatible with the principles con-
tained in the Bill of Rights and Constitution ; but the juris-
diction & power of said Courts ought to be limited and
defined by express Laws.
On which Resolve the yeas & nays were called and are
as follows, (viz.)
72 Yeas — 26 Nays. So it passed in the affirmative.
[p. 81.] Adjourned to 3 o'clock P. M. Met accordingly.
Resolved That there shall be one Supreme Judicial Court
of Law who shall have original jurisdiction of all causes
where the sum exceeds four pounds, and appellate jurisdic-
tion in other cases to be provided by Law.
JOURNAL OF CONVENTION. 5/
On which Resolve the yeas and nays were called, and are
as follows :
6 1 Yeas — 34 Nays. So it passed in the affirmative,
[p. 82.] Resolved, That the several Justices of the Peace
in their respective Counties shall have jurisdiction in all
causes where the sum is under four pounds, except causes
where title of Land is drawn in question : On which Re-
solve the yeas and nays were called, and are as follows — viz.
63 yeas — 35 nays. So it passed in the affirmative. Mr.
Foster requested to be excused from giving his vote, offer-
ing for a reason that he was a Justice of the Peace, and
[p. 83.] felt himself interested in the determination ; but
the Convention would not excuse him.
Resolved, That it shall be the duty of the Legislature to
abolish the Inferior Courts of Common Pleas ; on which
Resolve the yeas and nays were called and are as follows :
55 Yeas — 31 Nays. So it passed in the affirmative.
[p. 84.] Resolved, That it be the duty of the Legislature
to abolish the Courts of General Sessions of the Peace :
On which Resolve the yeas and nays were called, and are as
follows, viz.
37 yeas — 50 nays. So it passed in the negative.
Adjourned to 9 o'clock to-morrow morning.
[p. 85.] Friday, Sept'' 16"', 1791.
Met according to adjournment.
Sundry matters were debated.
Adjourned to 3 o'clock P. M. Met accordingly.
Voted, That Mr. Peabody, Mr. Plummer, Mr. Hoit, Mr.
Smith (Meridith) Mr. Wallace, Mr. Atherton, Mr. Page
(Charlestown) Mr. Kingsbury, Mr. Payne & Mr. Freeman,
be a committee to take into consideration the Constitution
and the Resolutions passed at this session, and the several
motions for alterations that have not been acted upon, and
prepare and report to the Convention at the adjournment,
alterations and amendments to be submitted to the people.
Mr. Greeley's motion, Mr. Humphrey's 2 motions, Mr.
Tinney's two motions, Mr. Kimball's Do. Mr. Rogers's Do.
Mr. Plummer's five motions, Maj'^ Stark's motion, Mr. New-
comb's 2 Do. Gen. Peabody's & Mr. Waldron's motions
were referr^^ to the above-named Committee.
Adjourned to the second Wednesday of February next
at 10 o'clock, then to meet at Concord.
58
STATE OF NEW HAMPSHIRE.
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Mr. George Brackett
Mr. Nathan Goss
Moses Leavitt, Esq'.
Christopher Toppan, Esq'.
Nath' H. Dodge
Col. Jonathan Robinson
Jeremiah Fogg, Esq'.
Mr. Eliphalet Webster
Solomon Wheeler, Esq'.
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Samuel Duncan, Esq'.
Sam^ Livermore, Esq'.
Doct' John Rogers
Thomas Crawford, Esq'.
Jesse Johnson, Esq'.
Jonathan Freeman, Esq'.
Elisha Payne, Esq'.
Capt. Jon^ Franklin
Col" Joseph Hutchins
William Tarlton, Esq'.
Capt. Nathi White
Capt. Peter Carlton
Mr. Wm. Cargill
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poicadaj ;ou sjr pa
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SUAVOJ JO S3U1BU sqj^
1 49 yeas
50 nays
2 44 yeas
45 nays
3 48 yeas
54 nays
4 56 yeas
39 J^ays
5 64 yeas
34 nays
6 56 yeas
45 nays
7 47 yeas
52 nays
8 50 yeas
46 nays
9 46 yeas
49 nays
10
II
[12]
19 yeas
79 nays
57 yeas
35 nays
34 yeas
62 nays
JOURNAL OF CONVENTION. 63
[p. Sy.] Wednesday, Feb^ 8*^ 1792.
Several members of Convention met agreeably to adjourn-
ment ; but there not being a quorum, and the President be-
ing absent (the Honb^ Judge Walker in the chair) they
agreed to adjourn to 3 o'clock, P. M.
Met according to adjournment, and there being a. quorum,
and the Honb^ the President being absent out of the State,
motion was made for the choice of a President Pro Tempore,
and the ballots being taken the Honb^ John Pickering Esq^
was unanimously chosen.
Adjourned to 9 o'clock to-morrow morning.
Thursday Feb^ 9^^ 1792, the Convention met according
to adjournment.
The Committee chosen in September last to take into
consideration the Constitution and the Resolutions passed
at that session and the several motions for alterations [see
marg. p. 85] Reported their opinion as to alterations and
their Reasons therefor ; also the Constitution with the pro-
posed alterations incorporated which Reports being read,
Motion was made to postpone the consideration of said Re-
ports until the afternoon — which motion prevailed,
[p. S8.] Adjourned to 3 o'clock, P. M. Met accordingly.
[Note. The editor, with advice, has judged it expedient here to insert
full, first, 77i€ alterations and amendments proposed by the abovesaid
cofumittee ; and second, T/ie constitution with said alterations and
amendments incorporated. The journal, which subsequently follows,
will show definitely the action which the convention took upon both
the said reports. — Ed.]
I. REPORT OF THE COMMITTEE ON ALTERATIONS AND
AMENDMENTS.
[See MS. Journal, pp. 243-274.]
BILL OF RIGHTS.
Article XIX.
Every citizen hath a right to be secure from all unreasonable searches
and seizures of his person, his houses, his papers, and all his posses-
sions : Therefore all Warrants to search suspected places or arrest a
person for examination or trial in prosecutions for criminal matters, are
contrary to this right, if the cause or foundation of them be not previ-
ously supported by oath or affirmation ; and if the order in a warrant
to a civil officer to make search in suspected places, or to arrest one or
more suspected persons, or to seize their property, be not accompanied
with a special designation of the persons or objects of search, arrest or
64 STATE OF NEW HAMPSHIRE.
seizure : And no Warrant ought to be issued, but in cases and with the
formalities prescribed by Law.
Article XX.
In all controversies concerning property, and in all suits between two
or more persons, exxept in cases in which it has been heretofore other-
wise used & practised, the parties have a right to trial by Jury : And
this method of procedure shall be held sacred, unless in causes arising
on the high seas, and such as relate to mariners wages, and also in ac-
tions where the sum demanded in damages shall not exceed twenty shil-
lings, the Legislature shall think it necessary hereafter to alter it.
Article XXXIX.
Beasts of the Plough, not exceeding a yoke of oxen or a horse. In-
struments of husbandry, and the necessary Tools of a man's Trade,
shall not be liable to be distrained, attached, or taken in execution for
debt ; unless by the person who furnished them.
PART SECOND.
THE GENERAL COURT.
Paragraph 2.
The Senate and House shall assemble every year on the third Wednes-
day of September and at such other times as they may judge necessary
and shall dissolve and be dissolved seven days next preceding the said
third Wednesday of September ; and shall be sliled. The General
Court of New Hampshire.
Every Bill which shall have passed both Houses, shall, before it be-
come a Law, be presented to the Governor ; if he approve, he shall
sign it ; but if not, he shall return it with his objections to that House
in which it shall have originated, who shall enter the objections at
large on their Journal and proceed to reconsider it : if, after such recon-
sideration, four sevenths of that House shall agree to pass the Bill, it
shall be sent, together with such objections, to the other House, by
which it shall likewise be reconsidered ; and if approved by a majority
of that House, it shall become a Law : But in all such cases, the Votes
of both Houses shall be determined by yeas & nays, and the names of
the persons voting for or ag*' the Bill shall be entered on the Journal
of each house. If any Bill shall not be returned by the Gov'", within
five days (Sundays excepted) after it shall have been presented to him,
the same shall be a Law in like manner as if he had signed it : unless
the Legislature by their adjournment, prevent its return ; in which
case it shall not be a law.
Every Resolve shall be presented to the GoV. and before the same
shall take effect, shall be approved by him ; or being disapproved by
him, shall be repassed by the Senate and House of Representatives,
according to the Rules and Limitations prescribed in the case of a Bill.
No member of the General Court shall take fees, be of Counsel, or
act as advocate in any cause before either branch of the Legislature ;
JOURNAL OF CONVENTION. 65
and upon due proof thereof, such member shall forfeit his seat in the
Legislature.
All persons who behave decently, shall have liberty of admission to
hear the Debates and proceedings of both Houses of the Legislature ;
except when the welfare of the State shall require secresy.
SENATE.
• The Senate shall consist of twelve Members, who shall hold their
office for two years next ensuing their election.
And that the State may be equally represented in the Senate, the
Legislature shall from time to time divide the State into twelve Dis-
tricts, as nearly equal as may be, without dividing towns and unincor-
porated places ; and in making this division, they shall govern them-
selves by the proportion of public taxes paid by the said District ; and
timely make known to the Inhabitants of the State, the limits of each
District. •
The freeholders and other Inhabitants of each District qualified as in
this Constitution is provided, shall biennially give in their votes for a
senator at some meeting holden in the month of March.
The Senate shall be the first Branch of the Legislature ; and the
Senators shall be chosen in the following manner : — Every male inhab-
itant of each Town & parish with town privileges in this State, of twen-
ty-one years of age and upwards, paying for himself, or liable to jDay,
a poll tax or the amount thereof, shall have a right at the annual or
other meetings of the inhabitants of s*^ towns and parishes, to be duly
warned and holden every second year in the month of March, to vote
for a senator in the District whereof he is a member ; — and every per-
son qualified as the Constitution provides, shall be considered an inhab-
itant for the purpose of electing and being elected into any office or
place within this State, in that town, parish or plantation where he
dwelleth & hath his home.
The Legislature when they divide the State into Districts, and as
often as they shall think necessary, shall appoint some suitable persons
as counters in each District, who shall meet on the Thursday next fol-
lowing the Second Wednesday of April every year in which there are
meetings held in the District for the election of a Senator, and the
General Court shall appoint the place of their meeting, and it shall be
the duty of said counters, until others are appointed in their room, to
receive, examine and count the votes for Senators, and make a proper
record thereof, certify the choice, and seasonably deposit the returns
from the several Towms, parishes & places, and the record of their pro-
ceedings in the Secretary's office.
The meetings for the choice of Senators, and all governmental offi-
cers shall be warned by Warrant from the selectmen, and governed by
a Moderator, W'ho shall preside at such meetings impartially, and re-
ceive the votes of all the inhabitants of such towns »& parishes present
and qualified to vote for Senators, and shall sort and count the same in
the meeting, and in presence of the Town Clerk, who shall make a fair
5
66 STATE OF NEW HAMPSHIRE.
record in open meeting of the name of every person voted for, and the
nmnber of votes against his name ; and a fair copy of this record shall
be attested by the Town Clerk, and shall be sealed up and directed to
the counters of the District with a Superscription expressing the pur-
port thereof, and delivered by the s^ clerk to the counters of the Dis-
trict in wdiich such town or parish is, on or before the Second Wednes-
day of April next following such Town Meeting ;
Provided 7ievertheless, that no person shall be capable of being elect-
ed a Senator, who is not seized of a freehold estate in his own right of
the value of two hundred pounds lying within this State, who is not of
the age of thirty years, and who shall not have been an inhabitant of
this State for seven years immediately preceding his election, and at the
time thereof, he shall be an inhabitant of the District for which he is
chosen.
And the inhabitants of plantations & places unincorporated, qualified
as this Constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of Government, or shall be
taxed therefor, shall have the same privilege of voting for senators in
the plantations & places where they reside, as the inhabitants of the
several respective towns and parishes afores"^ have ; and the meetings
of such plantations & places for that purpose, shall be holden every
second year in the month of March, at such places respectively therein,
as the assessors thereof shall direct, &c.
In case it [there] shall not appear by the Returns of the counters to be
a senator elected by a majority of votes for any District, the counters of
that District shall take the names of the two persons who shall have
the highest number of votes, and the number of votes that each of
them shall have, & certify and deliver the same to the Selectmen of
each town & parish in such District, and to the Assessors of unincor-
porated places, within eight days after the counting thereof; and it
shall be the duty of the s'^ Selectmen & Assessors respectively, to warn
a meeting of the inhabitants qualified to vote for senators, to be held
within fifteen days after the expiration of s'^ eight days, giving at least
twelve days notice, to elect one person out of the two returned as
afores'i to be senator for the District, and the several town clerks & as-
sessors in s"! Districts, shall within eight days after the expiration of
said fifteen days, return a fair attested copy of the Record of the num-
ber of Votes in the Towns, parishes and places in the Districts, to the
counters of said Districts, and the counters shall on the ninth or tenth
day after the expiration of s^ fifteen days, meet and as soon as may be,
sort & count the votes, declare the choice, and notify the person elect-
ed : And in case it shall so happen that two or more persons having the
highest number of votes, shall have an equal number, the counters
shall by lot determine which of them shall be sent to the people ; And
if it should so happen that from the returns from the meetings held to
compleat the elections, that the two persons voted for should have an
equal number of votes, the counters shall by lot determine which of
them shall be senator for such District, and notify him accordingly.
All vacancies that may happen in the Senate, shall, from time to time
be filled up in the same way & manner as the first elections are directed
to be made ; — the Gov. appointing the time for holding the meetings
for that purpose.
JOURNAL OF CONVENTION. 6/
The Senate shall have power to adjourn, &c. Provided nevertheless,
that whenever they shall sit on the trial of any Impeachment, they may
adjourn to such time and place as they may think proper, altho' the
Legislature be not assembled on such day or at such place.
Every officer whilst under Impeachment shall be suspended from the
exercise of the duties of his office ; but the trial shall be as speedy as
the nature of the case will admit.
HOUSE OF REPRESENTATIVES.
After the first Paragraph. —
Provided jtevertheless. That whenever the number of Members of
the House of Representatives shall exceed one hundred and ten, it
shall be the duty of the Legislature to make such arrangements as that
the members shall not exceed at any time that number, nor shall the
Towns and Districts intituled to send Representatives at any time, be
less than eighty.
The members of both Houses of the Legislature shall be compensat-
ed for their services out of the Treasury of the State, by a Law made
for that purpose — such members attending seasonably, and not depart-
ing without license.
And any member of the Senate, House of Representatives, or Coun-
cil, shall have a right, on motion made for that purpose at the time, to
have his protest or dissent, with the reasons against any vote, resolve
or bill passed, entered on the Journals.
executive power.
Governor.
The word " President" shall be struck out, and Governor inserted
in all the sections where President is named.
Fourth Section shall be struck out.
All Judicial officers, the Attorney Gen^, Solicitors, all sheriffs, coro-
ners, registers of probate, and all officers of the Navy, and general and
field officers of the militia, shall be nominated and appointed by the
Gov. & Council ; and every such nomination shall be made at least
three days prior to such appointment ; — and no appointment shall take
place unless a majority of the Council agree thereto.
The Gov'. & Council shall have a negative on each other, both in the
nominations & appointments.
The yeas and nays both of the Gov & Council present, on all nomi-
nations & appointments, shall be entered on the Journals of the Coun-
cil.
The Captains and subalterns in the respective Regiments, shall be
nominated by the Field officers, and if approved by the GoV., shall be
appointed by him.
68 STATE OF NEW HAMPSHIRE.
LIEUTENANT GOVERNOR.
There shall be annually elected in the month of March, a Lieu*.
Gov. whose title shall be His Honor ; — and who shall be qualified in
point of property, residence, and elected, in the same manner as the
Governor is.
The qualifications of the electors shall be the same as those required
by this Constitution for the electors of Senators.
The Lieu' Governor, when the Governor is in the Chair, shall be
President of the Senate and have a casting vote in case of a tie.
Whenever the Chair of the Governor shall be vacant by reason of
his death, absence from the state, or otherwise, the Lieu* Gov^ shall,
during such vacancy, have and exercise all the powers and authorities
which by this Constitution the Gov. is vested with, when personally
present.
COUNCIL.
There shall be annually elected by ballot five Councillors for advising
the Gov^ in the Executive part of Government.
The freeholders and other inhabitants in each County, qualified to
vote for senators, shall some time in the month of March, give in their
votes for one Councillor ; and the number of votes for Councillors shall
be returned to the Secretary of the State in like manner as the votes
for Governor, and the Secretary and Treasurer of the State shall, un-
till the Legislature shall appoint other persons for that purpose, sort
and count the votes, make a record thereof, and certify the choice;
which record, and the returns from the several Towns, parishes and
places, shall be deposited in the Secretary's ofiice ; — and the person
having a majority of votes in any County, shall be considered as duly
elected a Councillor ; but if no person shall have a majority of votes in
any County, the Senate & House of Representatives shall take the
names of the two persons who have the highest number of votes in
each County, and not elected, and out of them two, shall elect by joint
ballots, the Councillor wanting for such County : Provided nevertheless.
That no person shall be capable of being elected a Councillor, who has
not an estate of the value of five hundred pounds within this State,
three hundred pounds of which or more shall be a freehold in his own
right ; and who is not thirty years of age, and who shall not have been
an inhabitant of this State for seven years immediately preceding his
election ; and at the time of his election an inhabitant of the County
in which he is elected.
The Secretary shall annually, seventeen days before the third
Wednesday of September, give notice of the choice to the person elect-
ed.
If any Councillor shall be elected Governor or Lieu* Gov. or mem-
ber of either branch of the Legislature, and shall accept the trust ; or
if any person elected as a Councillor shall refuse to accept the office, or
in case of the death, resignation, or removal of any Councillor out of
the State ; the Gov'', may issue a precept for the election of a new
JOURNAL OF CONVENTION. 69
Councillor in that County where such vacancies shall happen ; — and
the choice shall be in the same manner before described.
If any new County shall hereafter be made in this State, a Councillor
shall be chosen therein in the same manner as before directed.
COUNTY TREASURERS.
Provided iieruertheless, the Legislature shall have authority to alter
the mode of electing these officers, but not so as to deprive the people
of the right [they] now have of electing them ; and also to divide the
several Counties into as many Districts for registering of Deeds, as
to them shall appear necessary : — and the inhabitants of each District
to elect a Regfister.
JUDICIAL POWER.
The Judicial Power of the State shall be vested in a Supreme Court
of Judicature, except as is hereafter provided : — This Court shall con-
sist of one Chief Justice & not more than nine nor less than six assO'
elates Justices. The Supreme Judicial Court shall be, and they hereby
are fully authorized & impowered to grant new trials and restorations
to law in all cases where it shall to them appear reasonable.
The power of hearing & determining causes in Equity, shall, by the
Legislature, be vested in the Supreme Judicial Court ; — which power
shall be limited & defined by law ; and no suit in Equity shall be sus-
tained, where adequate justice may be had in the Courts of Law.
There shall be a Court erected in each County, to be called the Coun-
ty Court, to consist of one Chief Justice and not more than six, nor
less than four Associate Justices, who shall have all the jurisdiction,
civil & criminal, and all the powers and authorities that now appertain
to the Courts of General Sessions of the peace ; and such other mat-
ters as the Legislature may constitutionally assign them — the trying
of civil suits excepted: and except the raising County taxes ; — which
taxes shall be granted by the Representatives of each County in such
manner as the Legislature shall direct : Provided nevertheless. That
the Legislature shall have authority to make such other regulations
by Law, as shall be necessary for the appropriation of county taxes.
Appeals shall be granted from s"! County Court to the Supreme Judi-
cial Court, as they are now allowed from the Court of General Sessions
of the peace to the Superior Court ; or in such cases & manner as the
Legislature may by Law establish.
Justices of the peace shall have the power of hearing and determin-
ing all actions wherein the damage demanded does not exceed four
pounds, except those wherein the title to things real may be drawn in
question ; — an appeal being allowed in civil actions to the Supreme Ju-
dicial Court, and in criminal matters, to the County Courts, in such
cases and manner as the Legislature shall by Law establish.
No person shall hold the office of Judge of any Court, or sheriff of
any County, after he has arrived at the age of 65 years.
70 STATE OF NEW HAMPSHIRE.
No Judge of any Court or Justice of the peace shall act as attorney
or be of counsel to any party, or originate any civil suit in matters that
shall come before him as judge or justice of the peace.
No Judge or Register of Probate of Wills &c. shall be of counsel,
act as advocate, or receive any fees as advocate or counsellor in any
Probate business that is pending or that may be brought into any Court
of Probate in the County of which he is judge or register.
OATH.
I, A. B., do solemnly swear that I will bear faith and true allegi-
ance to the State of New Hampshire, and will support the Constitution
thereof: — So help ?ne God.
Any person having taken & subscribed the oath of allegiance, and
the same being filed in the Secretary's office, he shall not be obliged
to take said oath again.
No new Town or parish shall be formed in whole or in part, out of
any town or parish, without the consent of a major part of the quali-
fied voters of such town or parish out of which they are so formed, vot-
ing upon the question at a legal meeting for that purpose.
The Legislature, whenever two thirds of both Houses shall deem it
necessary, shall propose amendments, or on the application of a major-
ity of the incorporated towns and parishes within this State, shall call
a Convention for preparing amendments, which in either case shall be
valid to all intents and purposes as part of this Constitution, when ap-
proved of by a majority of qualified voters present and voting in town
meetings on the question.
The Secretary of the State shall at all times have a Deputy, to be by
him appointed, for whose conduct in office he shall be responsible : —
and in case of the death, removal, or inability of the Secretary, his
deputy shall have & exercise all the duties of the office of Secretary
untill another shall be appointed.
The Secretary before he enters upon the business of his office, shall
give bond, with sufficient sureties in a reasonable sum, for the use of
the State, for the punctual performance of his trust, as the Legislature
shall direct.
To the end that there may be no failure of justice or danger to this
State by the alterations & amendments made in the Constitution, the
General Court is hereby fully authorized and directed to fix the time
when the amendments and alterations shall take effect, and make the
necessary arrangements accordingly.
All Judges of Courts and other civil officers whose appointment
is vested in the Gov & Council, (Justices of the peace & Coroners
JOURNAL OF CONVENTION. 7 1
excepted) shall be appointed and commissioned within one year after
adopting the amendments to the Constitution ; and the Commissions
of all such officers, who have been heretofore appointed by the Presi-
dent and Council, shall thereupon determine and become void.
N. B. Some small alterations not herein mentioned, are in the In-
corporation.
II. \The Constitution as reported by the comtnittee, February 9, 1792,
with the foregoing alterations a7id aynetidments iticorporated. — Ed.]
THE CONSTITUTION OF NEW HAMPSHIRE.
PART I
THE BILL OF RIGHTS.
Article i^*.
All men are born equally free and independent : Therefore, all gov-
ernment, of right, originates from the people, is founded in consent, and
instituted for the general good.
2.
All men have certain natural, essential, and inherent rights — among
which are, the enjoying and defending life and liberty ; acquiring, pos-
sessing, and protecting property ; and, in a word, of seeking and ob-
taining happiness.
3-
When men enter into a state of society, they surrender up some of
their natural rights to that society, in order to ensure the protection of
others ; and, without such an equivalent, the surrender is void.
4-
Among the natural rights, some are, in their very nature, unaliena-
ble, because no equivalent can be given or received for them. Of this
kind are the Rights of Conscience.
Every individual has a natural and unalienable right to worship GOD
according to the dictates of his own conscience and reason ; and no
subject shall be hurt, molested, or restrained, in his person, liberty, or
estate, for worshipping God in the manner and season most agreeable
to the dictates of his own conscience, or for his religious profession,
sentiments, or persuasion ; provided he doth not disturb the public
peace, or disturb others in their religious worship.
6.
As morality and piety, rightly grounded on evangelical principles,
will give the best and greatest security to government, and will lay, in
72 STATE OF NEW HAMPSHIRE.
the hearts of men, the strongest obligations to due subjection ; and as
the knowledge of these is most likely to be propagated through a so-
ciety, by the institution of the public worship of the Deity, and of pub-
lic instruction in morality and religion ; therefore, to promote those
important purposes, the people of this State have a right to empower,
and do hereby fully empower, the Legislature, to authorize, from time
to time, the several towns, parishes, bodies corporate, or religious so-
cieties, within this State, to make adequate provision, at their own ex-
pense, for the support and maintenance of public protestant teachers of
piety, religion, and morality :
Provided tiotiuithstandi?ig. That the several towns, parishes, bodies
corporate, or religious societies, shall, at all times, have the exclusive
right of electing their own public teachers, and of contracting with
them for their support and maintenance. And no person, of any one
particular religious sect or denomination, shall ever be compelled to
pay towards the support of the teacher or teachers of another persua-
sion, sect, or denomination.
And every denomination of Christians, demeaning themselves quiet-
ly, and as good subjects of the State, shall be equally under the protec-
tion of the law : And no subordination of any one sect or denomina-
tion to another, shall ever be established by law.
And nothing herein shall be understood to affect any former contracts
made for the support of the ministry ; but all such contracts shall re-
main, and be in the same state as if this Constitution had not been
made.
7.
The people of this State have the sole and exclusive right of govern-
ing themselves as a free, sovereign, and independent State ; and do,
and forever hereafter shall, exercise and enjoy every power, jurisdiction,
and right, pertaining thereto, which is not, or may not hereafter be, by
them expressly delegated to the United States of America in Congress
assembled.
8,
All power residing originally in, and being derived from, the people,
all the magistrates and officers of government are their substitutes and
agents, and at all times accountable to them.
9-
No office or place whatsoever, in government, shall be hereditary —
the abilities and integrity requisite in all, not being transmissible to
posterity or relations.
10.
Government being instituted for the common benefit, protection, and
security of the whole community, and not for the private interest or
emolument of any one man, family, or class of men; therefore, when-
ever the ends of government are perverted, and public liberty manifest-
ly endangered, and all other means of redress are ineffectual, the peo-
ple may, and of right ought to, reform the old, or establish a new
government. The doctrine of nonresistance against arbitrary power
and oppression, is absurd, slavish, and destructive of the good and
happiness of mankind.
II.
All elections ought to be free, and every inhabitant of the State,
JOURNAL OF CONVENTION. 73
leaving the proper qualifications, has equal right to elect, and be elect-
ed, into office.
12.
Every member of the community has a right to be protected by it,
in the enjoyment of his life, liberty, and property; he is therefore
bound to contribute his share in the expense of such protection, and
to yield his personal service when necessary, or an equivalent. But no
part of a man's property shall be taken from him, or applied to public
uses, without his own consent, or that of the representative body of
the people. Nor are the inhabitants of this State controlable by any
other laws than those to which they, or their representative body, have
given their consent.
13-
No person, who is conscientiously scrupulous about the lawfulness of
bearing arms, shall be compelled thereto, provided he will pay an
equivalent.
14.
Every subject of this State is entitled to a certain remedy, by having
recourse to the laws, for all injuries he may receive in his person, prop-
erty, or character; to obtain right and justice freely, without being
obliged to purchase it ; completely, and without any denial ; promptly,
and without any delay ; conformably to the laws.
15-
No subject shall be held to answer for any crime, or offence, until
the same is fully and plainly, substantially and formally, described to
him ; or be compelled to accuse or furnish evidence against himself.
And every subject shall have a right to produce all proofs that may be
favorable to himself; to meet the witnesses against him, face to face;
and to be fully heard in his defence, by himself, and counsel. And no
subject shall be arrested, imprisoned, despoiled, or deprived of his
property, immunities, or privileges, put out of the protection of the law,
exiled or deprived of his life, liberty, or estate, but by the judgment
of his peers, or the law of the land.
16.
No subject shall be liable to be tried, after an acquittal, for the same
crime or offence. Nor shall the Legislature make any law that shall
subject any person to a capital punishment, (excepting for the govern-
ment of the army and navy, and the militia in actual service) , without
trial by Jury.
17-
In criminal prosecutions, the trial of facts, in the vicinity where they
happen, is so essential to the security of the life, liberty, and estate of
the citizen, that no crime or offence ought to be tried in any other coun-
ty than that in which it is committed ; except in cases of general insur-
rection in any particular county, when it shall appear to the Judges of
the Superior Court, that an impartial trial cannot be had in the county
where the offence may be committed, and upon their report, the Legis-
lature shall think proper to direct the trial in the nearest county in
which an impartial trial can be obtained.
18.
All penalties ought to be proportioned to the nature of the offence.
74 STATE OF NEW HAMPSHIRE.
No wise Legislature will affix the same punishment to the crimes of
theft, forgery, and the like, which they do to those of murder and trea-
son : Where the same undistinguishing severity is exerted against all
offences, the people are led to forget the real distinction in the crimes
themselves, and to commit the most flagrant with as little compunction
as they do those of the lightest die. For the same reason a multitude
of sanguinary laws is both impolitic and unjust. The true design of all
punishments being to reform, not to exterminate, mankind.
19.
Every citizen hath a right to be secure from all unreasonable search-
es and seizures of his person, his houses, his papers, and all his pos-
sessions. Therefore, all warrants to search suspected places, or arrest
a person for examination or trial, in prosecutions for criminal matters,
are contrary to this right, if the cause or foundation of them be not
previously supported by oath or affirmation; and if the order, in a war-
rant to a civil officer, to make search in suspected places, or to arrest
one or more suspected persons, or to seize their property, be not accom-
panied with a special designation of the persons or objects of search,
arrest, or seizure ; and no warrants ought to be issued, but in cases,
and with the formalities, prescribed by law.
20.
In all controversies concerning property, and in all suits between two
or more persons, except in cases in which it has been heretofore other-
wise used and practised, the parties have a right to a trial by Jury ; and
this method of procedure shall be held sacred, unless in causes arising
on the high seas and such as relate to mariners' wages, and also in ac-
tions where the sum demanded in damages shall not exceed twenty
shillings ; the Legislature shall think it necessary hereafter to alter it.
21.
In order to reap the fullest advantage of the inestimable privilege of
the trial by Jury, great care ought to be taken, that none but qualified
persons should be appointed to serve ; and such ought to be fully com-
pensated for their travel, time, and attendance.
22.
The LIBERTY OF THE PRESS is essential to the security of Free-
dom in a State : It ought, therefore, to be inviolably preserved.
23.
Retrospective laws are highly injurious, oppressive, and unjust. No
such laws, therefore, should be made, either for the decision of civil
causes, or the punishment of offences.
24.
A well regulated militia is the proper, natural, and sure defence of a
State.
25.
Standing armies are dangerous to liberty, and ought not to be raised,
or kept up, without the consent of the Legislature.
26.
In all cases, and at all times, the military ought to be under strict
subordination to, and governed by, the civil power.
JOURNAL OF CONVENTION. 75
27.
No soldier, in time of peace, shall be quartered in any house, without
the consent of the owner; and in time of war, such quarters ought not
to be made but by the civil magistrate, in a manner ordained by the
Legislature.
28.
No subsidy, charge, tax, impost, or duty, shall be established, fixed,
laid, or levied, under any pretext whatsoever, without the consent of
the people, or their Representatives in the Legislature, or authority de-
rived from that body.
29.
The power of suspending the laws, or the execution of them, ought
never to be exercised but by the Legislature, or by authority derived
therefrom, to be exercised in such particular cases only as the Legisla-
ture shall expressly provide for.
30.
The freedom of deliberation, speech, and debate, in either House of
the Legislature, is so essential to the rights of the people, that it cannot
be the foundation of any action, complaint, or prosecution, in any other
Court or place whatsoever.
31-
The Legislature ought frequently to assemble for the redress of griev-
ances, for correcting, strengthening, and confirming the laws, and for
making new ones as the common good may require.
32.
The people have a right, in an orderly and peaceable manner, to as-
semble and consult upon the common good, give instructions to their
Representatives, and to request of the legislative body, by way of peti-
tion or remonstrance, redress of the wrongs done them, and of the
grievances they suffer.
33.
No Magistrate, or Court of Law, shall demand excessive bail or sure-
ties, impose excessive fines, or inflict cruel or unusual punishments.
34-
No person can, in any case, be subjected to law-martial, or to any
pains or penalties by virtue of that law, except those employed in the
army or navy, and except the militia in actual service, but by authority
of the Legislature.
35-
It is essential to the preservation of the rights of every individual, his
life, liberty, property, and character, that there be an impartial inter-
pretation of the laws, and administration of justice. It is the right of
every citizen to be tried by judges as impartial as the lot of humanity
will admit. It is therefore not only the best policy, but for the security
of the rights of the people, that the Judges of the Supreme (or Superior)
Judicial Court should hold their offices so long as they behave well ; and
that they should have honorable salaries, ascertained and established
by standing laws.
36.^ ^
OEconomy being a most essential virtue in all States, especially in a
young one ; no pension shall be granted, but in consideration of actual
76
STATE OF NEW HAMPSHIRE.
services ; and such pensions ought to be granted with great caution, by
the Legislature, and never for more than one year at a time.
In the government of this State, the three essential powers thereof,
to wit, the Legislative, Executive, and Judicial, ought to be kept as
separate from, and independent of, each other, as the nature of a free
government will admit, or as is consistent with that chain of connection
that binds the whole fabric of the Constitution in one indissoluble bond
of union and amity.
38.
A frequent recurrence to the fundamental principles of the Constitu-
tion, and a constant adherence to justice, moderation, temperance, in-
dustry, frugality, and all the social virtues, are indispensably necessary
to preserve the blessings of liberty and good government; the people
ought, therefore, to have a particular regard to all those principles in
the choice of their officers and Representatives : And they have a right
to require of their law-givers and magistrates, an exact and constant ob-
servance of them, in the formation and execution of the laws necessary
for the good administration of government.
39-
Beasts of the plough, not exceeding a yoke of oxen, or a horse, in-
struments of husbandry, & the necessary tools of a man's trade, shall
not be liable to be distrained, attached, or taken on execution for debt,
unless by the person who furnished them.
PART II.
THE FORM OF GOVERNMENT.
The people inhabiting the territory of the State of New Hampshire,
do hereby solemnly and mutually agree with each other, to form them-
selves into a free, sovereign, and independent Body Politic, or State,
by the name of the State of New Hampshire.
THE GENERAL COURT.
The Supreme Legislative Power, within this State, shall be vested in
the Senate and House of Representatives, each of which shall have a
negative on the other.
The Senate and House of Representatives shall assemble every year
on the third Wednesday of September, and at such other times as they
may judge necessary; and shall dissolve, and be dissolved, seven days
next preceding the said third Wednesday of September ; and shall be
stiled THE GENERAL COURT OF NEW HAMPSHIRE.
The General Court shall forever have full power and authority to erect
and constitute Judicatories and Courts of Record, or other Courts, not
repugnant or contrary to this Constitution, to be holden in the name of
the State, for the hearing, trying, and determining all manner of
JOURNAL OF CONVENTION. 77
crimes, offences, pleas, processes, plaints, actions, causes, matters and
things whatsoever, arising or happening within this State, or between
or concerning persons inhabiting or residing, or brought within, the
same, whether the same be criminal or civil, or whether the crimes be
capital, or not capital, and whether the said pleas be real, personal, or
mixed ; and for the awarding and issuing execution thereon. To
which Courts and Judicatories, are hereby given and granted, full power
and authority, from time to time, to administer oaths or affirmations,
for the better discovery of truth in any matter in controversy, or de-
pending before them.
And further, full power and authority are hereby given and granted
to the said General Court, from time to time, to make, ordain, and es-
tablish all manner of wholesome and reasonable orders, laws, statutes,
ordinances, directions, and instructions, either with penalties, or
without, so as the same be not repugnant or contrary to this
Constitution, as they may judge for the benefit and welfare of this
State, and for the governing and ordering thereof, and of the subjects
of the same, for the necessary support and defence of the government
thereof; and to name and settle annually, or provide by fixed laws for
the naming and settling, all civil officers within this State ; such officers
excepted, the election and appointment of whom are hereafter in this
form of government otherwise provided for ; and to set forth the several
duties, powers, and limits, of the several civil and military officers of
this State, and the forms of such oaths or affirmations as shall be re-
spectively administered unto them, for the execution of their several
offices and places, so as the same be not repugnant or contrary to this
Constitution ; and also to impose fines, mulcts, imprisonments, and
other punishments ; and to impose and levy proportional and reasona-
ble assessments, rates, and taxes, upon all the inhabitants of, and resi-
dents within, the said State ; and upon all estates within the same ; to
be issued and disposed of by warrant, under the hand of the Governor
of this State for the time being, with the advice and consent of the
Council, for the public service, in the necessary defence and support of
the government of this State, and the protection and preservation of
the citizens thereof, according to such acts as are, or shall be, in force
within the same.
Every bill which shall have passed both Houses, shall, before it be-
come a law, be presented to the Governor : if he approve he shall sign
it, but if not, he shall return it with his objections to that House in
which it shall have originated, who shall enter the objections at large
in their Journal, and proceed to reconsider it. If after such reconsid-
eration, four sevenths of that House shall agree to pass the bill, it shall
be sent together with such objections to the other house, by which it
shall likewise be reconsidered, and if approved by a majority of that
House, it shall become a law. But in all such cases, the votes of both
Houses shall be determined by yeas & nays ; & the names of the per-
sons voting for or against the bill, shall be entered on the Journal of
each House respectively. If any bill shall not be returned by the Gov-
ernor within five days (Sundays excepted) after it shall have been pre-
sented to him, the same shall be a law, in like manner as if he had
signed it, unless the Legislature by their adjournment prevent its re-
turn, in which case it shall not be a law.
Every Resolve shall be presented to the Governor, & before the same
shall take effect, shall be approved by him, or being disapproved by
78
STATE OF NEW HAMPSHIRE.
him, shall be repassed by the Senate & House of Representatives, ac-
cording to the rules &. limitations prescribed in the case of a bill.
No member of the General Court shall take fees, be of counsel, or
act as advocate, in any cause before either branch of the Legislature;
and upon due proof thereof, such member shall forfeit his seat in the
Legislature.
All persons who behave decently shall have liberty of admission, to
hear the debates & proceedings of both Houses of the Legislature, ex-
cept when the welfare of the State shall require secrecy.
While the public charges of government, or any part therCipf, shall be
assessed on polls and estates in the manner that has heretofore been
practised ; and in order that such assessments may be made with equal-
ity, there shall be a valuation of the estates within the State taken anew
once in every five years at least, and as much oftener as the General
Court shall order.
SENATE.
THE Senate shall consist of twelve members, who shall hold their
office for two years from the third Wednesday of September next ensu-
ing their election.
And that the State may be equally represented in the Senate, the
Legislature shall, from time to time, divide the State into twelve dis-
tricts, as nearly equal as may be without dividing towns and unincor-
porated places ; and in making this division, they shall govern them-
selves by the proportion of public taxes paid by the said districts, and
timely make known to the inhabitants of the State the limits of each
district.
The freeholders and other inhabitants of each district, qualified as
in this Constitution is provided, shall biennially give in their votes for
a Senator, at some meeting holden in the Month of March.
The Senate shall be the first branch of the Legislature ; and the Sen-
ators shall be chosen in the following manner, viz. Every male inhabit-
ant of each town, and parish with town privileges, and places unincor-
porated, in this State, of twenty-one years of age and upwards, paying
for himself, or liable to pay a poll tax, or the amount thereof, shall have
a right, at the annual or other meetings of the inhabitants of said towns,
parishes and places, to be duly warned and holden every second year
forever in the month of March, to vote for a Senator in the district
whereof he is a member.
And every person qualified as the Constitution provides, shall be con-
sidered an inhabitant for the purpose of electing & being elected into
any ofiice or place within this State, in that town, parish & plantation
where he dwelleth & hath his home.
The Legislature when they divide the State into districts, & as often
as they shall think necessary, shall appoint some suitable persons as
counters, in each district, who shall meet on the Thursday next follow-
ing the second Wednesday of April every year in which there is meet-
ings held in the district for the election of a Senator ; and the General
Court shall appoint the place of their meeting, and it shall be the duty
of said counters untill others are appointed in their room, to receive,
examine and count the votes for Senators & make a proper record there-
of, certify the choice, and seasonably deposit the returns from the sev-
JOURNAL OF CONVENTION. 79
eral towns, parishes & places, & the record of their proceedings in the
Secretary's office.
The meetings for the choice of Senators, & all governmental officers,
shall be warned by warrant from the selectmen, & governed by a Mod-
erator, who shall preside at such meetings impartially, & receive the
votes of all the inhabitants of such towns, & parishes present & quali-
fied to vote for Senators, & shall sort & count the same in the meeting
& in presence of the town clerk, who shall make a fair record in open
meeting, of the name of every person voted for, & the number of votes
against his name, & a fair copy of this record shall be attested by the
Town Clerk, & shall be sealed up & directed to the counters of the Dis-
trict with a superscription expressing the purport thereof, & delivered
by said Clerk to the counters of the District in which such town or
parish is, on or before the second Wednesday of April next following
such town meeting.
Provided nevertheless. That no person shall be capable of being
elected a Senator, who is not seized of a freehold estate, in his own
right, of the value of two hundred pounds, lying within this State, who
is not of the age of thirty years, and who shall not have been an in-
habitant of this State for seven years immediately preceding his elec-
tion, and at the time thereof he shall be an inhabitant of the district
for which he shall be chosen.
And the inhabitants of plantations and places unincorporated, quali-
fied as this Constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of government, or shall be
taxed therefor, shall have the same privilege of voting for Senators, in
the plantations and places wherein they reside, as the inhabitants of the
respective towns and parishes aforesaid have. And the meetings of
such plantations and places for that purpose, shall be holden every sec-
ond year in the month of March, at such places respectively therein as
the assessors thereof shall direct ; which assessors shall have like au-
thority for notifying the electors, collecting and returning the votes, as
the Selectmen and Town Clerks have in their several towns by this
Constitution.
In case there shall not appear by the returns to the counters to be a
Senator elected by a majority of votes for any district, the counters of
that district shall take the names of the two persons who shall have the
highest number of votes, & the number of votes that each of them
shall have, & certify & deliver the same to the Selectmen of each town
and parish, & the assessors of unincorporated places in such District,
within eight days after the counting thereof; and it shall be the duty of
said Selectmen and assessors respectively to warn a meeting of the in-
habitants qualified to vote for Senators, to be held within fifteen days
after the expiration of said eight days, giving at least twelve days notice,
to elect one person out of the two returned as aforesaid to be Senator
for the District. And the several town clerks «& assessors in said Dis-
trict shall, within eight days after the expiration of said fifteen days,
return a fair attested copy of the record of the number of votes in the
towns, parishes & places in the District, to the counters of said District ;
and the counters shall, on the ninth or tenth day after the expiration of
said fifteen days, meet & as soon as may be, sort & count the votes, de-
clare the choice & notify the person elected.
And in case it shall so happen, that two or more persons, having the
highest number of votes, shall have an equal number, the counters shall,
80 STATE OF NEW HAMPSHIRE,
by lot determine which of them shall be sent to the people. And if it
should so happen, that from the returns from the meetings held to com-
pleat the elections, that the two persons voted for should have an equal
number of votes, the counters shall by lot determine which of them shall
be Senator for such District & notify him accordingly.
All intermediate vacancies that may happen in the Senate, shall, from
time to time be filled up in the same manner as the first elections are
directed to be made ; the Governor appointing the time for holding the
meetings for that purpose.
The Senate shall be final judges of the elections, returns, and qualifi-
cations, of their own members, as pointed out in this Constitution.
The Senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time.
Provided ?ievertheless, That whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they may
think proper, although the Legislature be not assembled on such day,
or at such place.
The Senate shall appoint their own officers, and determine their own
rules of proceedings : And not less than seven members of the Senate
shall make a quorum for doing business ; and when less than eight Sen-
ators shall be present, the assent of five, at least, shall be necessary, to
render their acts and proceedings valid.
The Senate shall be a Court, with full power and authority to hear
and determine all impeachments made by the House of Representatives
against any officer or officers of the State, for mis-conduct or mal ad-
ministration, in their offices. But previous to the trial of any such im-
peachment, the members of the Senate shall respectively be sworn truly
and impartially to try and determine the charge in question, according
to evidence. Their judgment, however, shall not extend further than
removal from office, disqualification to hold or enjoy any place of hon-
or, trust, or profit, under this State ; but the party, so convicted, shall
nevertheless be liable to indictment, trial, judgment, and punishment,
according to the laws of the land.
Every officer whilst under an impeachment, shall be suspended from
the exercise of the duties of his office ; but the trial shall be as speedy
as the nature of the case will admit.
HOUSE OF REPRESENTATIVES.
THERE shall be, in the Legislature of this State, a representation of
the people, annually elected, and founded upon principles of equality :
And, in order that such representation may be as equal as circumstances
will admit, every town, parish, or place entitled to town privileges, hav-
ing one hundred and fifty rateable male polls, of twenty-one years of age,
and upwards, may elect one Representative ; if four hundred and fifty
rateable polls, may elect two Representatives ; and so proceeding, in
that proportion, making three hundred such rateable polls the mean
increasing number, for every such additional Representative.
Provided, nevertheless. That whenever the number of members of
the House of Representatives shall exceed one hundred and ten, it
shall be the duty of the Legislature to make such arrangements as that
the members shall not at any time exceed that number ; nor shall the
JOURNAL OF CONVENTION. 8l
towns & districts intitled to send Representatives at any time be less
than eighty.
Such towns, parishes, or places, as have less than one hundred and
fifty rateable polls, shall be classed by the General Court, for the pur-
pose of chusing a Representative, and seasonably notified thereof.
And in every class, formed for the above-mentioned purpose, the first
annual meeting shall be held in the town, parish, or place, wherein most
of the rateable polls reside ; and afterwards in that which has the next
highest number ; and so on annually, by rotation, through the several
towns, parishes, or places, forming the district.
Whenever any town, parish, or place, intitled to town privileges, as
aforesaid, shall not have one hundred and fifty rateable polls, and be so
situated as to render the classing thereof with any other town, parish,
or place, very inconvenient, the Legislature may, upon application of a
majority of the voters in such town, parish, or place, issue a writ for
their electing and sending a Representative to the General Court.
The members of the House of Representatives shall be chosen annu-
ally, in the month of March, and shall be the second branch in the
Legislature.
All persons, qualified to vote in the election of Senators, shall be en-
titled to vote, within the town, district, parish, or place where they dwell,
in the choice of Representatives. Every member of the House of Rep-
resentatives shall be chosen by ballot ; and for two years, at least, next
preceding his election, shall have been an inhabitant of this State ;
shall have an estate within the district which he may be chosen to rep-
resent, of the value of one hundred pounds, one half of which to be a
freehold, whereof he is seized in his own right ; shall be, at the time of
his election, an inhabitant of the district he may be chosen to repre-
sent ; and shall cease to represent such district immediately on his
ceasing to be qualified as aforesaid.
The members of both Houses of the Legislature shall be compensat-
ed for their services out of the treasury of tlie State, by a law made
for that purpose ; such members attending seasonably, and not depart-
ing without licence. All vacancies, in the House of Representatives,
may be filled up, at any time in the year as occasion may require.
The House of Representatives shall be the Grand Inquest of the
State ; and all impeachments made by them, shall be heard and tried
by the Senate.
All money bills shall originate in the House of Representatives ; but
the Senate may propose, or concur with, amendments, as on other bills.
The House of Representatives shall have power to adjourn them-
selves, but no longer than two days at a time.
A majority of the members of the House of Representatives shall be
a quorum for doing business : But when less than two thirds of the
Representatives elected shall be present, the assent of two thirds of
those members shall be necessary to render their acts and proceedings
valid.
No member of the House of Representatives, or Senate, shall be ar-
rested, or held to bail, on mean process, during his going to, returning
from, or attendance upon, the Court.
The House of Representatives shall be judges of the returns, elections
& qualifications of its members, as pointed out in this constitution ;:
choose their own Speaker, appoint their own officers & settle the rules
6
82 STATE OF NEW HAMPSHIRE.
of proceedings in their own house. They shall have authority to punish,
by imprisonment, every person who shall be guilty of disrespect to the
House, in its presence, by any disorderly and contemptuous behavior,
or by threatening, or ill treating, any of its members ; or by obstruct-
ing its deliberations ; every person guilty of a breach of its privileges,
in making arrests for debt, or by assaulting any member during his at-
tendance at any session ; in assaulting or disturbing any one of its offi-
cers in the execution of any order or procedure of the House ; in as-
saulting any witness, or other person, ordered to attend, by and during
his attendance of the House ; or in rescuing any person arrested by
order of the House, knowing them to be such. The Governor, Senate,
and Council, shall have the same powers in like cases : provided, that
no imprisonment by either, for any offence, exceed ten days.
The journals of the proceedings of both Houses of the General Court,
shall be printed and published immediately after every adjournment or
prorogation ; and shall contain all Acts & Resolves, & also votes for
raising, granting & appropriating public monies ; and upon motion made
by any one member, the yeas and nays, upon any question, shall be
taken & entered upon the journals : And any member of the Senate, or
House of Representatives, or Council, shall have a right, on motion
made at the time for that purpose, to have his protest, or dissent, with
the reasons, against any vote, resolve, or bill, passed, entered on the
journals.
EXECUTIVE POWER.
GOVERNOR.
There shall be a Supreme Executive Magistrate, who shall be stiled
The Governor of the State of New Hampshire ; and#v'hose title shall
be His Excellency.
The Governor shall be chosen annually, and no person shall be eligi-
ble to this office, unless at the time of his election, he shall have been
an inhabitant of this State for seven years next preceding ; & unless he
shall be of the age of thirty years ; & unless he shall at the same time
have an estate of the value of five hundred pounds, one half of which
shall consist of a freehold, in his own right, within the State.
Those persons qualified to vote for Senators and Representatives,
shall, within the several towns, parishes or places where they dwell, at
a meeting to be called for that purpose, some day in the month of
March annually, give in their votes for a Governor, to the Moderator
who shall preside at such meeting ; & the Clerk in the presence & with
the assistance of the moderator shall, in open meeting, sort & count
the votes, and form a list of the persons voted for, with the number of
votes for each person against his name, & shall make a fair record of
the same in the town books, & a public declaration thereof in the said
meeting; and shall, in the presence of said inhabitants seal up a copy
of said list attested by him, & transmit the same to the Sheriff of the
County, thirty days at least before the third Wednesday of September,
or shall cause returns of the same to be made to the office of the Sec-
retary of the State, seventeen days at least before said day, who shall
lay the same before the Senate & House of Representatives on the
third Wednesday of September, to be by them examined : And in case
JOURNAL OF CONVENTION. 83
of an election by a majority of votes through the State, the choice shall
be by them declared & published ; but if no person shall have a major-
ity of votes, the House of Representatives shall, by ballot, elect two
out of four persons who had the highest number of votes, if so many
shall have been voted for; but if otherwise, out of the number voted
for, & make return to the Senate of the two persons so elected ; — on
which the Senate shall proceed by ballot to elect one of them who shall
be declared Governor.
The Governor with advice of Council, shall have full power & author-
ity in the recess of the General Court, to prorogue the same from time
to time, not exceeding ninety days in any one recess of said Court;
and during the session of said Court to adjourn or prorogue it to any
time the two houses may desire, & to call it together sooner than the
time to which it may be adjourned or prorogued, if the welfare of the
State may require the same.
In cases of disagreement between the two Houses, with regard to
the time of adjournment or prorogation, the Governor, with advice of
Council, shall have a right to adjourn or prorogue the General Court,
not exceeding ninety days at any one time, as he may determine the
public good may require, and he shall dissolve the same seven days be-
fore the said third Wednesday of September.
And, in case of any infectious distemper prevailing in the place
where the said Court at any time is to convene, or any other cause,
whereby dangers may arise to the health or lives of the members from
their attendance, the Governor may direct the session to be holden at
some other the most convenient place within the State.
The Governor of this State for the time being shall be commander in
chief of the army and navy, and all the military forces of the State, by
sea and land ; and shall have full power by himself, or by any chief com-
mander, or other officer, or officers, from time to time, to train, instruct,
exercise and govern the militia and navy ; and for the special defence and
safety of this State, to assemble in martial array, and put in warlike
posture, the inhabitants thereof, and to lead and conduct them, and
with them to encounter, expulse, repel, resist and pursue by force of
arms, as well by sea as by land, within and without the limits of this
State ; and also to kill, slay, destroy, if necessary, and conquer by all
fitting ways, enterprize and means, all and every such person and per-
sons as shall, at any time hereafter, in a hostile manner, attempt or en-
terprize the destruction, invasion, detriment or annoyance of this State ;
and to use and exercise over the army and navy, and over the militia in
actual service, the law-martial in time of war, invasion, and also in re-
bellion, declared by the Legislature to exist, as occasion shall necessa-
rily require : And surprize, by all ways and means whatsoever, all and
every such person or persons, with their ships, arms, ammunition, and
other goods, as shall in a hostile manner invade, or attempt the invad-
ing, conquering, or annoying this State : And in fine, the Governor
hereby is entrusted with all other powers incident to the office of Cap-
tain-General and Commander in Chief, and Admiral, to be exercised
agreeably to the rules and regulations of the Constitution, and the laws
of the land : Provided, that the Governor shall not, at any time hereaf-
ter, by virtue of any power by this Constitution granted, or hereafter to
be granted to him by the Legislature, transport any of the inhabitants
of this State, or oblige them to march out of the limits of the same.
84 STATE OF NEW HAMPSHIRE.
without their free and voluntary consent, or the consent of the General
Court, nor grant commissions for exercising the law-martial in any case,
without the advice and consent of the Council.
The power of pardoning offences, except such as persons may be con-
victed of before the Senate, by impeachment of the House, shall be in
the Governor, by and with the advice of the Council : But no charter
of pardon granted by the Governor, with advice of Council, before con-
viction, shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descriptive of the
offence or offences intended to be pardoned.
All judicial officers, the Attorney General, Solicitors, all Sheriffs,
Coroners, Registers of Probate, and all officers of the navy, and general
and field officers of the militia, shall be nominated and appointed by
the Governor and Council ; and every such nomination shall be made
at least three days prior to such appointment ; and no appointment shall
take place, unless a majority of the Council agree thereto. The Gov-
ernor and Council shall have a negative on each other, both in the
nominations and appointments. The yeas & nays both of the Governor
& Council present, shall on all nominations & appointments be entered
on the Journals of the Council. The Captains and subalterns in the re-
spective regiments shall be nominated by the field officers, &: if approved
by the Governor, shall be appointed by him.
No officer duly commissioned to command in the militia, shall be re-
moved from his office, but by the address of both Houses to the Gov-
ernor, or by fair trial in court martial, pursuant to the laws of the State
for the time being.
The commanding officers of the regiment shall appoint their Adju-
tants and Quarter Masters ; the Brigadiers, their Brigade-Majors ; the
Major-Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.
The division of the militia into brigades, regiments, and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper division of the militia of this State, until the same shall
be altered by some future law.
No monies shall be issued out of the treasury of this State, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for
the time being, by and with the advice and consent of the Council, for
the necessary support and defence of this State, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the General Court.
All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public proper-
ty under their care respectively ; distinguishing the quantity and kind
of each, as particularly as may be ; together with the condition of
such forts and garrisons : And the commanding officer shall exhibit to
the Governor, when required by him, true and exact plans of such forts,
and of the land and sea, or harbor or harbors adjacent.
JOURNAL OF CONVENTION. 85
The Governor and Council shall be compensated for their services,
from time to time, by such grants as the General Court shall think rea-
sonable.
Permanent and honorable salaries shall be established by law, for the
Justices of the Supreme Court.
LIEUTENANT GOVERNOR.
There shall be annually elected in the month of March, a Lieutenant
Governor, whose title shall be His Honor : And who shall be qualified
in point of property & residence, & elected in the same manner as the
Governor is.
The qualifications of the electors shall be the same as those required
by this Constitution for the election of Senators.
The Lieutenant Governor, when the Governor is in the chair, shall be
President of the Senate, &: have a casting vote in case of a tie.
Whenever the chair of the Governor shall be vacant, by reason of his
death, absence from the State, or otherwise, the Lieutenant Governor
shall, during such vacancy, have & exercise all the powers & authorities
which by this Constitution the Governor is vested with when personally
present.
COUNCIL.
THERE shall be annually elected, by ballot, five Councillors, for ad-
vising the Governor in the executive part of government. The free-
holders and other inhabitants in each county, qualified to vote for Sen-
ators, shall, some time in the month of March, give in their votes for
one Councillor ; [The number of votes for Councillors shall be returned
to the Secretary of the State, in like manner as the votes for Governor.
The Secretary & Treasurer of the State, shall, untill the Legislature shall
appoint other persons for that purpose, sort & count the votes, make
a record thereof, & certify the choice, which record, & the returns
from the several towns, parishes & places shall be deposited in the Sec-
retary's office.]
[The foregoing paragraph within brackets is crossed in the journal. —
Ed.]
And the person having a majority of votes in any county, shall be
considered as duly elected a Councillor : But if no person shall h:\ve a
majority of votes in any county, the Senate and House of Representa-
tives shall take the names of the two persons who have the highest num-
ber of votes in each county, and not elected, and out of them two shall
elect, by joint ballot, the Councillor wanting for such county.
Provided jievertheless. That no person shall be capable of being
elected a Councillor, who has not an estate of the value of five hundred
pounds within this State, three hundred pounds of which (or more) shall
be a freehold in his own right ; and who is not thirty years of age ; and
who shall not have been an inhabitant of this State for seven years im-
mediately preceding his election ; and, at the time of his election, an
inhabitant of the county in which he is elected.
The Secretary shall, annually, seventeen days before the third Wednes-
day of September, give notice of the choice to the persons elected.
S6 STATE OF NEW HAMPSHIRE.
If any Councillor shall be elected Governor or Lieutenant Governor,
or member of either branch of the Legislature, and shall accept the
trust ; or if any person, elected as Councillor, shall refuse to accept the
office ; or in case of the death, resignation, or removal of any Councillor
out of the State ; the Governor may issue a precept for the election of a
new Councillor in that county where such vacancy shall happen; and
the choice shall be in the same manner as before directed.
If any new county shall hereafter be made in this State, a Councillor
shall be chosen therein in the same manner as before directed.
The Governor shall have full power and authority to convene the Coun-
cil, from time to time, at his discretion ; and, with them, or the major-
ity of them, may, and shall, from time to time, hold a Council, for or-
dering and directing the affairs of the State, according to the laws of
the land.
The members of the Council may be impeached by the House, and
tried by the Senate, for mal-conduct.
The resolutions and advice of the Council shall be recorded by the
Secretary, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
House of the Legislature; and any member of the Council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.
And whereas the elections, appointed to be made by this Constitu-
tion, on the third Wednesday of September annually, by the two Hous-
es of the Legislature, may not be completed on that day, the said elec-
tions may be adjourned from day to day, until the same shall be com-
pleted : And the order of the elections shall be as follows : The
Governor shall be first elected, provided there should be no choice of
him by the people : And afterwards, the two Houses shall proceed to
fill up the vacancy, if any, in the Council.
SECRETARY, TREASURER, COMMISSARY, &C.
The Secretary, Treasurer, & Commissary-General, shall be chosen by
joint ballot of the Senators and Representatives assembled in one
room.
The records of the State shall be kept in the office of the Secretary,
and he shall attend the Governor and Council, the Senate, and Repre-
sentatives, in person, or by Deputy, as they may require.
The Secretary of the State shall, at all times, have a Deputy, to be
by him appointed ; for whose conduct in office he shall be responsible :
And in case of the death, removal, or inability of the Secretary, his
Deputy shall have and exercise all the duties of the office of Secretary
of this State, until another shall be appointed.
The Secretary, before he enters upon the business of his office, shall
give bond, with sufficient sureties, in a reasonable sum, for the use of
the State, for the punctual performance of his trust.
COUNTY TREASURER, &C.
The County Treasurer, & Registers of Deeds shall be elected by the
inhabitants of the several towns, in the several Counties in the State,
according to the method now practised, & the laws of the State.
Provided nevertheless^ The Legislature shall have authority to alter
JOURNAL OF CONVENTION. 8/
the mode of electing those officers, but not so as to deprive the people
of the right they now have of electing them — & also to divide the sev-
eral Counties into as many districts, for registering of deeds, as to them
shall appear necessary, the inhabitants of each District to elect a Reg-
ister.
The County Treasurers & Register of deeds, before they enter upon
the business of their offices, shall be respectively sworn faithfully to
discharge the duties thereof, &. shall severally give bond, with sufficient
sureties, in a reasonable sum, for the use of the County or District, for
the punctual performance of their respective trusts.
JUDICIARY POWER.
The Judicial power of the State shall be vested in a Supreme Court of
Judicature, except as is hereafter provided ; This court shall consist of
one Chief Justice, & and not more than nine nor less than six Associate
Justices.
The Supreme Judicial Court shall be & they hereby are, fully author-
ized and empowered, to grant new trials & restorations to law, in all
cases where to them it shall appear reasonable.
The power of hearing & determining causes in Equity, shall, by the
Legislature, be vested in the Supreme Judicial Court, to be limited and
defined by law ; and no suit shall be sustained in Equity, where ade-
quate remedy may be had in the courts of law.
There shaU be a Court erected in each county, to be called the County
Court, to consist of one Chief Justice, & not more than six nor less than
four Associate Justices, who shall have all the jurisdiction in civil &
criminal matters and vested with all the powers and authorities that
now appertain to the Courts of General Sessions of the Peace, and such
other matters (the trying of civil suits excepted) as may be constitu-
tionally assigned to them by the Legislature, except the raising County
taxes, which taxes shall be raised by the Representatives in each Coun-
ty, in such manner as the Legislature shall direct — appeals shall be
granted from said Courts to the Supreme Judicial Court, as they are
now allowed from the Courts of General Session of the Peace to the Su-
perior Court ; or in such cases and manner as the Legislature may by
Law establish : Provided nevertheless. That the General Court shall
have authority to make such other regulations by law as shall be neces-
sary for the appropriation of County taxes.
Justices of the Peace shall have the power of hearing & determining
all actions wherein the sum demanded in damage does not exceed four
pounds, except those wherein the title to things real may be drawn in
question — an appeal being allowed in civil actions to the Supreme Ju-
dicial Court, & in criminal matters to the County Courts in such cases
& manner as the Legislature shall by law establish.
The tenure that all commission officers shall have by law in their offi-
ces, shall be expressed in their respective Commissions. All Judicial
officers, duly appointed, commissioned & sworn, shall hold their offices
during good behavior, excepting those concerning whom there is a dif-
ferent provision made in this Constitution : Provided nevertheless , the
Governor, with consent of Council, may remove them upon the Address
of both Houses of the Legislature.
Each branch of the Legislature, as well as the Governor »S: Council,
8S STATE OF NEW HAMPSHIRE.
shall have authority to require the opinions of the Justices of the Su-
preme Court upon important questions of Law, &. upon solemn occa-
sions.
No person shall hold the office of Judge of any Court or sheriff of any
County, after he has arrived to the age of 65 years.
In order that the people may not suffer from the long continuance in
place of any Justice of the Peace, who shall fail in discharging the im-
portant duties of his office with ability & fidelity, all commissions of
Justices of the Peace shall become void, at the expiration of five years
from their respective dates ; but upon the expiration of any commission,
the same may, if necessary, be renewed.
No Judge of any Court, or Justice of the Peace, shall act as Attorney,
or be of council, to any party, or originate any civil suit, in matters
that shall come before him as Judge, or Justice of the Peace.
All matters relating to the probate of wills, and granting letters of
administration, &c. shall be exercised by the Judges of Probate, in such
manner as the Legislature have directed, or may direct ; And the Judges
of Probate shall hold their Courts at such place or places, on such
fixed days as the convenience of the people may require : And the Leg-
islature shall from time to time hereafter appoint such times &. places,
untill which appointments, the said Courts shall be holden at the times
& places which the respective Judges shall direct.
No Judge or Register of Probate of Wills, &c. shall be of Council,
act as Advocate or receive any fees as advocate or council, in any pro-
bate business that is pending, or that may be brought into any Court
of probate in the county of which he is Judge or Register.
All causes of marriage, divorce & alimony, & all appeals from the re-
spective judges of probate, shall be heard & tried by the Supreme
Court, untill the Legislature shall, by Law, make other provision.
CLERKS OF COURTS.
The Clerks of the Courts of law shall be appointed by the respective
Courts during pleasure : And to prevent any fraud or unfairness in the
entries & records of the Courts, no such Clerk shall be of council, in
any cause in the Court of which he is Clerk, nor shall he fill any writ
in any civil action whatsoever.
ENCOURAGEMENT OF LITERATURE, &c.
Knowledge and learning, generally diffused through a community,
being essential to the preservation of a free government ; and spread-
ing the opportunities and advantages of education through the various
parts of the country, being highly conducive to promote this end ; it
shall be the duty of the legislators and magistrates, in all future periods
of this government, to cherish the interest of literature and the sciences,
and all seminaries and public schools, to encourage private and public
institutions, rewards and immunities for the promotion of agriculture,
arts, sciences, commerce, trades, manufactures, and natural history ot
the country ; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and oecon-
omy, honesty and punctuality, sincerity, sobriety, and all social aftec-
tions, and generous sentiments, among the people.
JOURNAL OF CONVENTION. 89
OATH and Subscriptions; Exclnsion front Offices; Commissions;
Writs ; Habeas Corpus ; the Enacting Stile ; Continuance of Officers ;
Provision for a future Revision of the Constitution, &^c.
Any person chosen Governor, Lieutenant Governor, Councillor, Sen-
ator, or Representative, military or civil officer, (town officers excepted)
accepting the trust, shall, before he proceeds to execute the duties of
his office, make and subscribe the following declaration, viz.
I, A. B., do solemnly swear, that I will bear faith and true allegiance
to the State of New Hampshire, and will support the Constitution there-
of. So help me God.
I, A. B., do solemnly and sincerely swear and affirm, that I will faith-
fully and impartially discharge and perform all the duties incumbent on
me as according to the best of my abilities, agreeably to the
rules and regulations of this Constitution, and the Laws of the State of
New Hampshire. So help me God.
Provided always, When any person chosen or appointed as aforesaid,
shall be scrupulous of swearing, & shall decline taking the said oaths,
such shall take »& subscribe them, omitting the word "swear,'' and like-
wise the words, "So help me God;'' subjoining instead thereof, This I
do 2i7ider tJie pains and penalties of perJ2iry .
Any person having taken and subscribed the oath of allegiance, and
the same being filed in the Secretary's office, he shall not be obliged to
take said oath again.
And the oaths or affirmations shall be taken and subscribed by the
Governor, before the Lieutenant Governor, in the presence of the Leg-
islature, and by the Senate and Representatives first elected under
this Constitution, as amended, and altered, before the President and
three of the Council of the former Constitution, and forever afterwards
before the Governor and Council for the time being ; and by the resi-
due of the officers aforesaid, before such persons, and in such manner,
as from time to time shall be prescribed by the Legislature.
All commissions shall be in the name of the State of New Hamp-
shire, signed by the Governor, and attested by the Secretary, or his
Deputy, and shall have the great seal of the State affixed thereto.
All writs issuing out of the Clerk's office in any of the Courts of
Law, shall be in the name of the State of New Hampshire ; shall be
under the seal of the Court whence they issue, and bear test of one of
the Justices of the Court to which the same shall be returnable ; and
be signed by the Clerk of such Court.
All indictments, presentments, and informations, shall conclude,
against the peace and dignity of the State.
The estates of such persons as may destroy their own lives, shall
not for that offence be forfeited, but descend or ascend in the same
manner, as if such persons had died in a natural way. Nor shall any
article, which shall accidentally occasion the death of any person, be
henceforth deemed a deodand, or in any wise forfeited on account of
such misfortune.
The privilege and benefits of the Habeas Corpus, shall be enjoyed in
this State, in the most free, cheap, expeditious, and ample manner,
and shall not be suspended by the Legislature, except upon the most
urgent and pressing occasions, and for a time not exceeding three
months.
The enacting stile in making and passing acts, statutes, and laws.
go STATE OF NEW HAMPSHIRE.
shall be — B^ it enacted by the Senate and House of Representatives, in
General Court convened.
No Governor, Lieutenant Governor or Judge of the Supreme Judicial
Court, shall hold any office or place under the authority of this State,
except such as by this Constitution they are admitted to hold, saving
that the Judges of the said Court may hold the offices of Justice of the
Peace throughout the State ; nor shall they hold any place or office, or
receive any pension or salary, from any other State, government, or
power, whatever.
No person shall be capable of exercising, at the same time, more
than one of the following offices within this State, viz. Judge of Pro-
bate, Sheriff, Register of Deeds ; and never more than two offices of
profit, which may be held by appointment of the Governor, or Governor
and Council, or Senate and House of Representatives, or Supreme judi-
cial or Inferior Courts ; military offices, and offices of Justices of the
Peace, excepted.
No person holding the office of Judge of any Court, Secretary, Treas-
urer of the State, Attorney-General, Commissary-General, military offi-
cers receiving pay from the continent or this State, (excepting officers
of the militia, occasionally called forth on an emergency) Register of
Deeds, President, Professor or instructor of any college. Sheriff, or
officer of the customs, including naval officers. Collectors of excise,
Collectors of taxes, members of Congress, or any person holding any
office under the government of the United States, shall, at the same
time hold the office of Governor, Lieutenant Governor, or have a seat
in the Senate, or House of Representatives, or Council ; but their being
chosen or appointed to, and accepting the same, shall operate as a res-
ignation of his seat in the chair. Senate, House of Representatives, or
Council ; and the place so vacated shall be filled up.
No person shall ever be admitted to hold a seat in the Legislature, or
any office of trust or importance under this government, who, in the
due course of law, has been convicted of bribery or corruption, in ob-
taining an election or appointment.
No new town or parish shall be formed in whole or in part, out of
any tovv'n or parish without the consent of a major part of the qualified
voters of such town or parish, out of which they are so formed, voting
upon the question at a legal meeting held for that purpose.
All Judges of Courts and other civil officers, whose appointment is
vested in the Governor and Council (Justices of the Peace and coro-
ners only excepted), shall be appointed and commissioned within one
year after adopting the amendments to the Constitution : and the Com-
missions of all such officers who have been heretofore appointed by
the President and Council shall thereupon determine and become void.
To the end that there may be no failure of justice, or danger to the
State, by the alterations and amendments made in the Constitution,
the General Court is hereby fully authorized and directed to fix the
time when the amendments and alterations shall take effect, and make
the necessary arrangements accordingly.
This form of government shall be enrolled on parchment, and de-
posited in the Secretary's office, and be a part of the laws of the land ;
and printed copies thereof shall be prefixed to the books containing
the laws of this State, in all future editions thereof.
The Legislature, whenever two thirds of both houses shall deem it
JOURNAL OF CONVENTION. 9I
necessary, shall propose amendments, or on the application of a ma-
jority of the incorporated towns and parishes within this State, shall
call a Convention for proposing amendments, which in either case,
shall be valid to all intents and purposes as part of this Constitution,
when approved of by a majority of the qualified voters present and
voting in town meetings on the question.
[Journal resumed — p. SS.']
Proceeded to take up the report of the Committee and
considered the same paragraph by paragraph ; and in order
for a free and full discussion thereof, Convention resolved
themselves into a Committee of the whole : The Honb^ Nath^
Peabody Esq'^". appointed chairman, who took the chair : They
then proceeded to a consideration of the report.
The first proposed amendment was in the 19^^ Article of
the Bill of Rights, which was read and no debate thereon
[see marg. p. 46].
The second was in the 20^^^ Article of the said Bill of
Rights, which was read : The proposed alteration was in the
following words: "And also in Actions where the sum de-
manded in Damages shall not exceed twenty shillings ;" —
and after much debate the question was put. Whether said
alteration shall stand in said article as reported ; — which was
determined in the negative. Some words were then pro-
posed as a substitute, but were not accepted.
The Committee then rose with leave to sit again; and the
President took the chair & the Committee reported progress.
[p. 89.] Adjourned to 9 o'clock to-morrow morning.
Friday, Feb^' I0*^ 1792.
Convention met according to adjournment. After read-
ing the Journal of yesterday &c. proceeded in Com^*^*-' of the
whole: The chairman having taken the chair.
Resumed the consideration of the 20^'' article of the Bill
of Rights, and after some debate motion was made to post-
pone the further consideration thereof for the present —
which passed in the affirmative.
The next proposed amendment was for a thirty-ninth Ar-
ticle in the bill of Rights in the following words: "Beasts of
the plough not exceeding a yoke of oxen or a horse, Instru-
ments of Husbandry, and the necessary tools of a man's
trade, shall not be liable to be distrained, attached or taken
in Execution for Debt, unless by the person who furnished
them."
After some debate the question was put, Shall this be
92 STATE OF NEW HAMPSHIRE.
accepted as an article of the Bill of Rights ? Voted in the
negative.
The next proposed amendment was in the second para-
graph under the head General Court: — which was to
make the paragraph read thus: "The Senate and House
shall assemble every year on the third Wednesday of Sep-
tember, and at such other times as they may judge neces-
sary, and shall dissolve and be dissolved seven days next
preceding the said third Wednesday of September, and shall
be stiled the General Court of New Hampshire" — which
[p. 90.] being read and considered and after some debate, the
question was put. Shall the word September stand in the re-
port? Voted in the negative.
Motion was then made to insert the word November : —
but the motion was lost.
Motion was then made that the word January be inserted,
and the word " third " be struck out, that it might read the
first Wednesday in January : but the motion was lost.
Motion was then made that the last mentioned paragraph
of the report be postponed to make way for the following :
Shall there be any alteration made in the time for the first
meeting of the General Court .'' — which motion prevailed.
The question was then put. Shall there be any alteration
made in the time for the first meeting of the General Court }
To determine which the yeas and nays were called, and
were as follows, viz. :
[p. 91.] 49 Yeas — 50 Nays. So no alteration is to be made.
Proceeded to the Report under the head President
[see margin, p. 55] or Governor. The first paragraph pro-
posed to be altered to read as follows, (viz.) The word
** President" shall be struck out and Governor inserted in all
the sections where the President is named : which report
was read and considered, received and accepted,
[p. 92.] The next amendment that took place was in the
following words : " But if no person shall have a majority of
votes, the Senate and House of Representatives shall by
joint Ballot elect one of the two persons having the highest
number of votes who shall be declared Governor."
The Committee then rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.
The Convention then adjourned to 3 o'clock p. m.
JOURNAL OF CONVENTION. 93
Met accordingly.
Proceeded to the first paragraph under the Head Gen-
eral Court.
Two alterations were proposed, but neither obtained, and
it was voted to postpone the consideration of said proposed
alterations for the present.
They then proceeded to the paragraphs under the head
Governor. The second paragraph was read and not de-
bated.
The third paragraph as reported was read and received so
far as to the words above mentioned, *' but if no person
[p. 93.] shall have a majority," &c.
The fourth paragraph was received with the alteration
from *' ninety days" to " seven months," and with an altera-
tion fixing the place to which the Governor shall adjourn
the Court in cases of disagreement between the two Branch-
es &c. to meet at the place where the General Court should
be at that time sitting. The remainder of the paragraphs
were accepted as far as to the one beginning thus : " The
Gov'ernor and Council shall be compensated," &c.
The Committee then rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.
The Convention then adjourned to 9 o'clock to-morrow
mornS.
Saturday, Feb^ II*^ 1792.
The Convention met according to adjournment. After
reading the Journal &c. proceeded in Committee (The
Chairman in the Chair) to the consideration of the para-
graph. The Governor and Council, &c. And was Voted
to stand thus : The Governor and Council shall have a com-
pensation for their services, to be fixed annually by the
General Court early at their first session, which shall not be
[p. 94.] increased or diminished during the time for which
the Governor and Council shall have been elected.
The next paragraph was read respecting Salaries to the
Judges of the Supreme Court, but not debated.
Proceeded to the Report under the head, Lieut. Governor,
but it was not accepted.
Nextly, proceeded to consider of the Report respecting
the Governor's power in legislation, or otherwise the nega-
tive that the Governor may have on the Acts of the Legis-
lature;— which is placed under the head
94 state of new hampshire.
General Court.
The Report was accepted with this alteration that, On
the return of a Bill by the Governor for reconsideration, it
shall require two thirds of both Houses instead of four
sevenths of one and a majority of the other, — as reported.
The next paragraph in the report respecting the Gov-
ernor's negative on a Resolve Avas accepted.
The next paragraph respecting a member taking fees,
[p. 95.] being of Council &c. was accepted.
Instead of the next paragraph reported, the following was
substituted : — The doors of the Galleries of each house of
the Legislature shall be kept open to all persons who behave
decently, except when the welfare of the State, in the opin-
ion of either branch shall require secrecy.
Proceeded to the Report under the head
Senate,
and Voted that the word "twelve" be erased & the word
thirteen inserted in the first and second paragraphs, but did
not finish the debate on the first paragraph respecting elect-
ing the Senate for two years. The Committee rose with
leave to sit again, and the President took the Chair and the
Committee reported progress.
Convention then adjourned to Monday next at 3 o'clock,
p. M.
Monda}^, Feb^' 13^^^ 1792.
Convention met according to adjournment.
After reading the Journal &c. The Chairman took the
Chair and in Committee of the whole proceeded to the con-
sideration of the Senators being chosen for two years, and
being divided into two classes, and dismissing seven the
first year, and filling up the vacancies from the same dis-
tricts, and dismissing the remainder the next year, and fill
[p. 96.] up the vacancies from the districts in which they
were chosen, and so on annually by rotation : & after some
debate the foregoing proposition was postponed to make
way for the following, (viz.) That in order to render the
Senate Independent of and a check upon the other Branch
of the Legislature, and that they may indeed be the rep-
resentatives of the People, the choice of the Senate ought
to be completed by the People themselves, and not by the
medium of the House of Representatives ; and Senators
JOURNAL OF CONVENTION. 95
elected as has been heretofore practised : — which last prop-
osition was determined by yeas & nays, and are as follows ; —
44 yeas — 45 nays. So it was negatived.
The foregoing proposition was then tried and rejected.
In the third clause reported, the word "biennially" to be
erased and the word annually inserted.
In the fourth clause, the words, "Every second year" be
erased and that the word annually [be] inserted.
On the words in said fourth clause "paying for himself or
liable to pay a poll tax or the amount thereof," some debate
ensued and a Committee was chosen to report thereon ; the
Committee were Mr. Thompson, Mr. Walker & Mr. Blan-
chard.
The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.
[p. 98.] Adjourned to half past 8 o'clock to-morrow morn-
ing.
Tuesday, Feb^ 14"^ 1792.
The Convention met according to adjournment. After
reading the Journal, &c. the chairman having taken the chair
proceeded on the report of the Committee : much debate en-
sued on a proposed clause in the following words: "Every
officer whilst under impeachment shall be suspended from
the exercise of the duties of his office, but the trial shall be
as speedy as the nature of the case will admit:" — but the
clause was rejected.
On debating the report of the Sub Committee and the
matter to them referred, motion was made, that the words
"paying for himself a poll tax" be erased, and the words
"excepting paupers & persons excused from paying taxes at
their own request" be inserted; — which motion prevailed:
And that the word "free" be inserted following the word
"every."
Proceeded to the Report under the head
General Court.
Debated on several proposed amendments, but no altera-
tion made in the Constitution.
The Committee rose with leave to sit again and the Presi-
[p. 99.] dent took the chair. The Committee reported prog-
ress.
96 STATE OF NEW HAMPSHIRE.
Adjourned to half past 2 o'clock p. m. Met accordingly.
Voted, That when the business is gone through in Com-
mittee of the whole, and Convention shall have come to a
determination with respect to any alteration that may be
made, that the Secretary with William Plummer Esq. ar-
range the alterations that may have taken place, by incor-
porating said alterations into the Bill of rights and Constitu-
tion in their proper places.
Proceeded in Committee of the whole (The chairman hav-
ing taken the chair) to the consideration of the report under
the head
General Court,
and the following clause in the report was rejected, (viz) a
Proviso, that when the number of Representatives shall
amount to one hundred and ten, the Legislature shall make
such arrangements as that at no time they shall exceed that
number, nor at any time less than eighty.
The alteration respecting filling up vacancies was also re-
jected.
Proceeded to the report under the head
Council.
[p. 100.] Accepted the whole, with the word "and" added
to the paragraph respecting a new County, — till the last
clause respecting the order of Elections — which was passed
over without a determination.
Proceeded to the Report under the head
Secretary, Treasurer, Commissary, &c.
the whole of which was accepted.
Proceeded to the Report under the head
County Treasurer, &c.
which was debated with respect to Registers of Deeds,
but came to no determination.
The Committee then rose with leave to sit again, and the
President took the chair, and the Committee reported prog-
ress.
Adjourned to 9 o'clock to-morrow morning.
Wednesday, Feb>' 15^^ 1792.
Convention met according to adjournment. After read-
ing the Journal, &c. Proceeded to the report of the Com-
JOURNAL OF CONVENTION. 9/
mittee under the head County Treasurer, &c. the first
[p. 1 01.] clause in the report was accepted ; the second ac-
cepted with the following words inserted — " the manner of
certifying the votes, and " — to be inserted immediately after
the word " alter." Also the following words inserted, "And
also on the application of the major part of the inhabitants
of any county, to divide the same into two districts for
registering of Deeds when ever it shall appear reasonable,"
instead of the words, " and also to divide the several Coun-
ties into as many districts for registering of Deed[s] as to
them shall appear necessary" — the other clause was ac-
cepted.
Proceeded to consider of the report under the head
Judiciary Power.
Voted that the whole of the system be considered in the
first place and afterwards to take the paragraphs separately.
After some debate the Committee rose with leave to sit
aofain ; and the President took the chair and the Committee
reported progress.
Adjourned to 3 o'clock p. m. Met accordingly.
Proceeded in Committee of the whole to the considera-
[p. 102.] tion of the report under the head Judiciary Power.
After some debate it was voted to proceed by paragraphs.
Upon reading the first paragraph, which was in the fol-
lowing words : " The Judicial power of the State shall be
vested in a Supreme Court of Judicature, except as is here-
after provided ; This Court shall consist of one Chief Jus-
tice and not more than nine nor less than six associate
Justices." Motion was made to divide the paragraph and
take a vote on the former part, which obtained, namely :
" The Judicial Power of the State shall be vested in a Su-
preme Court of Judicature, except as is hereafter provided:"
on which the yeas and nays were called and are as follows.
[p. 103.] 48 Yeas — 54 nays. So it was rejected.
Motion was then made that the remainder under said
head be postponed, to consider of a proposition laid on the
table by a member ; — which motion obtained : but before
any debate ensued the Committee rose with leave to sit
again, and the President took the Chair — and the Commit-
tee reported progress.
Adjourned to 9 o'clock to-morrow morning.
98 STATE OF NEW HAMPSHIRE.
[p. 104.] Thursday, Feb^ I6*^ 1792.
Convention met according to adjournment.
After reading the Journal &c., Proceeded in Committee
of the whole to take under consideration the proposition
voted to be taken under consideration the last evening ; and
motion was made to postpone said proposition, and take
under consideration another delivered in this morning by a
member in the following words : " It shall be the duty of
the General Court to make a reform in the Judiciary Sys-
tem, that Justice may be administered in a more cheap and
expeditious manner than is now practised ; and that no
party shall have a review after the cause has been deter-
mined against him twice by Jury." After some debate it
was moved to postpone the last proposition in order to
make room for the following :
"If the General Court shall judge it necessary for the
public good they are authorized and impowered to abolish
the Courts of Common pleas and invest such other Courts
as they may establish with the powers and Jurisdiction
now vested in said Courts of Common pleas, or to make
any regulations respecting the powers and Jurisdiction now
[p. 105.] existing, as the public good may require.' After
some debate the motion was divided, and motion was made
to take the opinion of the Committee whether the following
words in the proposition should stand : *' It shall be the
duty of the General Court to make a reform in the Judi-
ciary system:" to determine which the yeas and nays were
[p. 106.] Called and are follows : 56 Yeas — 39 nays. So
the words are to stand.
It was then voted that said proposition be accepted as
before stated, in the following words : "It shall be the duty
of the General Court to make a reform in the Judiciary sys-
tem that justice may be administered in a more cheap and
expeditious manner than is now practised, and that no party
shall have a review after the cause has been determined
against him twice by Jury."
The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.
Adjourned to 3 o'clock, p. m. Met accordingly.
[p. 107.] Proceeded in Committee of the whole to the con-
sideration of the following proposition: "The General Court
JOURNAL OF CONVENTION. 99
are hereby impowered to make alterations in the power and
jurisdiction of the Courts of Common pleas and the Court of
General Sessions respectively, or if they shall judge it nec-
essary for the public good, to abolish those Courts or either
of them, and invest such other Courts as they may establish,
with the jurisdiction and powers now vested in the said
Courts of Common pleas and Courts of General Sessions of
the Peace, as the General Court may from time to time judge
expedient for the due administration of Law and Justice" —
which proposition was accepted.
The next proposition debated was in the following words :
"The General Court are also impowered to give to Justices
of the Peace (who shall by the Executive be specially com-
missioned for that purpose) jurisdiction in civil causes when
the damages demanded shall not exceed four pounds and
title of land is not concerned, but with right of appeal
to either party to some other Court, so that a trial by Jury
in the last resort may be had."
After some debate it was voted to strike out the words
[p. 108.] "who shall by the Executive be specially com-
missioned for that purpose," and the proposition was then
accepted : — Determined by yeas and nays, 64 yeas — 34 nays.
Proceeded to the report respecting vesting Chancery
powers, which was in the following words : " And may vest
in such Courts respectively as to the General Court may
appear for the public good, the Powers incident to a Court
of Equity in Chancery, not repugnant to the Constitution."
After some debate it was agreed to have it stand as voted
the last session, excepting that the v/ords "ought to" be
erased, and instead thereof the words, "shall by the Legisla-
ture."
The Committee then rose with leave to sit again, and the
President took the chair, and the Committee reported prog-
ress.
Adjourned to 9 o'clock to-morrow morning.
Friday, Feb>' 17*^ 1792.
Convention met according to adjournment. After reading
the Journal &c. Proceeded in Committee of the whole to con-
sider of several motions proposed for vesting the power of
granting new trials & restoring to Law &c. After some de-
[p. 109.] bate the several motions were committed to the
100 STATE OF NEW HAMPSHIRE.
consideration of Mr. Pickering, Mr. Livermore, Mr. Hum-
phreys, Mr. Atherton & Mr. Payne who are to report their
opinion.
The next paragraph in the report respecting the tenure of
Commissions &c. was accepted.
The next respecting the Legislature requiring the opinions
of the Supreme Court &c. was accepted.
The next paragraph respecting a Judge or Sheriff hold-
ing their office after 65 years of age, motion was made to
strike off 65 and insert 70,— which motion obtained; and
the words "or Judge of Probate," to be inserted, following
the word "Court" — was accepted with the alterations.
The next paragraph, respecting Commissions of Justices
of the Peace expiring in five years was accepted.
The next paragraph. Judges and Justices &c. being of
Council &c. was accepted.
The next paragraph relating to Probate of Wills &c. was
referred to the Committee chosen this morning, and that
they report their opinion.
The remaining two paragraphs were accepted, under said
head.
[p. no.] Under the head Clerk of Courts,
the paragraph was accepted.
Under the head Encouragement of Literature, the para-
graph was accepted.
Under the head Oaths & Subscriptions, Exclusions, &c.
the several paragraphs were accepted, with the word "Lieu-
tenant Governor " erased, till it come to the paragraph be-
ginning, "all writs issuing" &c. which clause was rejected.
The two next paragraphs were accepted.
The next paragraph in the Constitution though not re-
ported is to come under consideration in Convention.
The two next paragraphs were accepted as reported.
Proceeded to the next paragraph reported " No Governor,"
&c. after some debate, the Committee rose with leave to sit
again, and the President took the chair, and the Committee
reported progress.
Adjourned to 3 o'clock, p. m. Met accordingly.
Proceeded in Committee of the whole to the paragraph
under consideration, when the Committee rose and accepted
the same.
JOURNAL OF CONVENTION. lOI
[p. III.] The next paragraph was read, considered and ac-
cepted.
The next paragraph was read and the words " Collectors
of Excise and State and Continental taxes hereafter ap-
pointed and not having settled their accounts for their col-
lections with the respective officers with whom it is their
duty to settle such accounts," added to said paragraph.
Motion was then made to strike out the words " President,
professor or Instructor of any College ; " After some debate
the question was put, shall the words stand — which question
was determined by yeas and nays, and were as follows : — viz.
[p. 112.] 56 Yeas — 45 Nays. So the motion did not prevail.
The next paragraph was accepted.
The next proposed paragraph, " No new town or parish,"
&c. was rejected.
The next proposed paragraph, " All Judges of Courts,"
etc. was rejected.
The next proposition that came under consideration was
respecting an officer to act as first magistrate in case of a
vacancy, and voted that " the President of the Senate offi-
ciate as first magistrate in the absence of the Governor."
[p. 113.] The Committee rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.
Adjourned to 9 o'clock to-morrow morning.
Saturday, Feb^' I8*^ 1792.
Convention met according to adjournment. After read-
ing the Journal &c. Proceeded in Committee of the whole
to consider of the Reports of the Sub Committee. The
report on the several motions proposed for vesting the
powers of granting new trials, restoring to Law, &c. was in
the following words: "And it shall be the duty of the Gen-
eral Court to vest in such Court or Courts of Law as to
them may appear expedient, the power of Granting new
trials, or a trial after judgment, either upon verdict of a
Jury, default, non-suit, or complaint for affirmation of judg-
ment, in all cases when substantial justice has not been
done (except as before excepted) in such manner and under
such restrictions and regulations as to the General Court
may appear for the public good : Provided, application be
made for such review or trial within one year from the ren-
[p. 1 14.] dition of judgment :" — which report was accepted.
102 STATE OF NEW HAMPSHIRE.
On the paragraph relating to the Probate of Wills &c. which
was referred to the Sub Committee, they reported as follows :
"All matters relating to the Probate of Wills &c. granting
letters of administration &c. shall be exercised by the Judges
of Probate in such manner as the Legislature have directed
or may direct ; and the judges of Probate shall hold their
Courts at such place or places on such fixed days as the
convenience of the people may require and the Legislature
from time to time appoint :" which report was accepted.
The next proposition that was considered was in the fol-
lowing words : " The person who in case of a vacancy shall
execute the office of Governor, shall be chosen by the Peo-
ple in the same way and manner, as the Governor by the
Constitution is to be chosen : " — which was determined by
Yeas and Nays — and are as follows : viz.
[p. 115.] 47 Yeas — 52 Nays. So the motion was lost.
It was then voted, that "the Senate shall appoint their
President and other officers," and determine &c. as in the
present Constitution.
Nextly, proceeded to the consideration of a proposition in
the following words, viz. "The Senate before they proceed
[p. 116.] to the trial of any officer impeached, shall summon
him by process to be served by a sworn officer at least
days before the day of trial ; and in case of his non-appear-
ance shall proceed to hear the Impeachment and evidence,
and render judgment, his non-appearance notwithstanding;"
— which, with causes of impeachment &c. was referred to a
Committee consisting of Mr. Humphreys, Mr. Plummer and
Mr. Peabody, who are to report to Convention their opinion
thereon.
Voted, That Mr. Walker, Mr. Thompson, Mr. Peabody,
Mr. Atherton & Mr. Humphreys be a Committee to take
under consideration the 20^^^ Article in the Bill of Rights.
The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.
Adjourned to 3 o'clock, p. m. Met accordingly.
The next paragraph in the report, "To the end that there
be no failure," &c. was accepted.
The next paragraph was accepted,
[p. 117.] Instead of the last paragraph reported, the follow-
ing was voted — "At the first annual or other meeting held
for the choice of Representatives after seven years is expired
JOURNAL OF CONVENTION. IO3
from the time of the Amendments to the Constitution hav-
ing been accepted, the Electors shall give their Representa-
tives their opinion or Instructions in writing voted at the
meeting, relative to the propriety or necessity of calling a
Convention to revise the Constitution ; and if it shall appear
to the General Court that it is the opinion of a major part of
the people voting thereon to have the Constitution revised,
it shall be their duty to call a Convention for that purpose;
and the same method shall be observed at the end of every
seven years afterwards ; And the amendments which may
be agreed on by such Convention shall be valid to all intents
and purposes as part of this Constitution when approved of
by of the qualified voters present and voting in Town
meeting on the question."
The Committee then rose and the President took the
chair, the Committee informed that their Report should be
given in on Monday morning, at the time of the meeting of
Convention,
[p. 118.] Adjourned to Monday next at 9 o'clock, a. m.
Monday, Feb^, 20*^ 1792.
Convention met according to adjournment. Read the
Report of the Committee of the whole, and voted to pro-
ceed in the following manner, (viz.) to take up the report of
the Committee of Convention and the Committee of the
whole, and determine thereon.
[Note. The following appears to be the Report of the Committee
of the whole, referred to on page 118 of the Journal: it is found in
MS. Journal on pages 443-450, as follows. — Ed.]
The Committee of the whole, having taken under their consideration
the Report of the Committee of Convention chosen in September
last, and maturely deliberated thereon, agree to the following al-
terations in said Report, (viz.)
To strike out the 39*'^ article in the Bill of Rights.
Under the head General Court,
2^ Paragraph — Strike out the word "third" and insert the word
"first." Strike out the word " September" & insert the word "June."
5"^ Paragraph — Strike out the words " four sevenths," and insert the
words " two thirds ; " also. Strike out the words " a majority," and in-
sert the words " two thirds " instead thereof.
8"^ Paragraph — Strike out the whole, and insert as follows :
" The doors of the Galleries of each House of the Legislature, shall
be kept open to all persons who behave decently, except when the wel-
fare of the State in the opinion of either Branch shall require secrecy."
104 STATE OF NEW HAMPSHIRE.
V
Under the head Senate.
i^' Paragraph — Strike out the word " twelve," and insert the word
" thirteen : " Strike out the words " two years," and insert the words
" one year: " Strike out " third Wednesday of September," and insert
" first Wednesday of June."
2'^ Paragraph — Strike out the word "twelve" and insert the word
" thirteen."
3*1 Paragraph — Strike out the word " biennially," and insert the word
" annupJly."
4*1^ Paragraph — Strike out the words " every second year," and insert
" annually : " Strike out " paying for himself a poll tax or liable to pay
poll tax or the amount thereof," and insert, " excepting paupers and
persons excused from paying taxes at their own request."
6"^ Paragraph — Strike out.
y^^ Paragraph — Strike out the whole after the words " sealed up and
directed," and insert words necessary to make the method of returning
&c. to read as in the present constitution.
9^^ Paragraph — Strike out the words " every second year," and insert
the word " annually."
iQth^ jjth^ ^ j2th Paragraphs rejected, and the same method to be
pursued to determine the choice of Senators, when a majority of votes
is wanting, as when a Governor has not a majority.
The last Paragraph was rejected.
Voted, That the Senate shall appoint their President and other offi-
cers, and determine their own rules of proceedings, and not t/iau less
than seven members of the Senate shall make a quorum for doing busi-
ness ; and when less than eight Senators shall be present, the assent of
five at least shall be necessary to render their acts and proceedings
valid.
The President of the Senate shall officiate as first magistrate in the
absence of the Governor.
Under the head. House of Representatives, the Proviso follow-
ing the first Paragraph strike out.
Executive Power.
Under the head, Governor.
3'! Paragraph — Strike out the whole after the words "the House,"
and insert, "The Senate and House of Representatives shall, by joint
ballot, elect one of the two persons having the highest number of votes,
who shall be declared Governor."
5"^ Paragraph — the words, " to meet at the place where the General
Court shall be at that time sitting," are to be inserted following the
word " require."
14th Paragraph — Strike out, and insert the following :
The Governor and Council shall have a compensation for their ser-
vices, to be fixed Annually by the General Court early at their first
session, which shall not be encreased nor diminished during the time
for which the Governor & Council shall have been elected.
The whole under the head Lieut. Governor strike out.
Under the head Council.
4"^ Paragraph strike out the word " third," & insert "first." Strike
out the word " September" and insert "June."
JOURNAL OF CONVENTION. IO5
5'^^ Paragraph — Strike out the words " Lieut. Governor. "
Begin the 6''' paragraph with the word "And."
The last paragraph respecting the order of Elections was not deter-
mined.
Under the head Secretary, Treasurer, Commissary &c. no alteration
was made.
Under the head County Treasurer, &c. 2*^ paragraph insert the
words "The manner of certifying the votes and," following the word
"alter." Strike out "And also to" &c. and insert, "and also on the
application of the major part of the Inhabitants of any County, to divide
the same into two districts for registering of Deeds whenever it shall ap-
pear reasonable."
Under the head Judiciary Power.
The i^', 2'^^, 4*^ & 5*'^ paragraphs rejected, and the following voted : —
"It shall be the duty of the General Court to make a reform in the
Judiciary system, that justice may be administered in a more cheap and
expeditious manner than is now practised, and that no party shall have
a Review after the cause has been determined against him twice by a
Jury.
" The General Court are hereby impowered to make alterations in
the power and jurisdiction of the Courts of Common Pleas and Courts
of General Sessions respectively ; or if they shall judge it necessary for
the public good, to abolish those courts or either of them, and invest
such other Courts as they may establish with the jurisdiction and powers
now vested in the Courts of Common Pleas and Courts of General Ses-
sions of the Peace, as the General Court may from time to time judge
expedient for the due administration of Law and Justice.
"And it shall be the duty of the General Court to vest in such Court
or Courts of Law as to them may appear expedient, the power of grant-
ing new trials, or a trial after judgment, either upon verdict of a Jury,
default, non-suit, or complaint for affirmation of judgment in all cases
when substantial justice has not been done (except as before excepted)
in such manner and under such restrictions and regulations as to the
General Court may appear for the public good ; Provided application be
made for such review or trial within one year from the rendition of judg-
ment."
3^ Paragraph committed to a Sub Committee.
8'^^ Paragraph, the words " or Judge of Probate" to follow the word
"Court." Strike out the words "sixty-five," and insert the word
" seventy."
II "1 Paragraph, strike out the word "shall," and the word "here-
after," and the whole after the word " appoint."
Under the head Oaths, & Subscriptions, Exclusions, &c.
i^' Paragraph — Strike out the words " Lieut. Governor."
5'^ Paragraph, — Strike the whole out.
10"^ Paragraph, — Strike out the words " Lieut. Governor."
12*'! Paragraph — Strike out the words, " Collectors of Excise, Collector
of taxes," and insert "Collectors of Excise and State and Continental
taxes hereafter appointed, and not having settled their accounts with
the respective officers with whom it is their duty to settle such accounts "
following " Naval officer."
Strike out the words " Lieutenant Governor."
I06 STATE OF NEW HAMPSHIRE.
14 Paragraph strike out.
15 Paragraph strike out.
The last Paragraph strike out and insert the following: "At the first
annual or other meetings held for the choice of Representatives after
seven years is expired from the time of the amendments to the Consti-
tution having been Accepted, the Electors shall give their Representa-
tives their opinion or Instructions in writing. Voted at the meeting rel-
ative to the propriety or necessity of calling a Convention to revise the
Constitution, and if it shall appear to the General Court that it is the
opinion of a major part of the people voting thereon to have the Con-
stitution revised, it shall be their duty to call a Convention for that
purpose, and the same method shall be observed at the end of every
seven years afterwards : And the amendments which may be agreed on
by such Convention shall be valid to all intents and purposes as part ot
this Constitution, when approved of by of the qualified voters
present and voting in town meeting on the question."
N. B. A paragraph beginning "All Laws" &c. not acted upon.
Accepted the first five articles in the Bill of rights with-
out any alteration.
6*^^ Article debated and referred to Mr. Peabody, Mr.
Walker & Mr. Livermore.
7"^ Accepted with this alteration: Strike out "United
State[s] of America in Congress Assembled," and insert
"Congress of the United States of America."
8'^ 9^^ Iot^ IIt^ I2t^ I3t^ I4^^ I5^^ 16*^ Articles were
accepted without any alteration : 17^^ accepted — erasing the
word "Assembly," and insert the word " Legislature."
18^^^ accepted — erasing the words "those of," also the
word " dye" and insert " offences."
19^^^ accepted — erasing the word " citizen" and inserting
"subject."
20'^^ article erased, and the one received as reported by
the Committee and inserted instead of the one erased. [See
Report of Com., marg. p. 189.]
2i't, 22^ 23^ 24"\ 25^^ 26^^ 27^^ 28^^, 29^^ 3o*^ ^i^\ 32^
33^\ and 34*'-^ rec'l
[p. 119.] 35^^ accepted, with striking out the words "or
Superior."
^5^ ^^th^ 38*^ accepted. 39*^ rejected.
Adjourned to 3 o'clock P. M. Met accordingly.
Proceed to the Form of Government.
First paragraph accepted with this alteration, — "of the
State of New Hampshire," erased, and the words "formerly
called the Province of New Hampshire" [instead].
journal of convention. 10/
General Court.
i^* paragraph accepted — 2*^ accepted with erasing the
words "third Wednesday of September," and inserting the
words " last Wednesday of October" in two places in the
paragraph — which was determined by yeas and nays, and are
as follows : 50 yeas, — 46 nays.
3^\4^^^ accepted ; 5*'' accepted, striking out ''four sevenths,"
and inserting " two thirds ;" and striking out "a majority"
and insert "two thirds."
6^^* and 7*^ accepted ; 8*^^ rejected and another inserted ;
9^^ accepted.
Senate.
5*^ Paragraph accepted with the alterations made in Com-
mittee of the whole.
Adjourned to 9 o'clock to-morrow morning.
Tuesday, Feb^' 2i^^ 1792.
Convention met according to adjournment.
Proceeded to the consideration of the several remaining
paragraphs under the head, Senate. The 6^'^ & 7^^ accepted,
the 8*^^ 9^*^ & 10*^ rejected ; the 1 1*^ 12*^ & 13^^ accepted with
some small alterations which were made in the proper place;
14*^ accepted with some alterations which were inserted.
[p. 120.] The last paragraph reported, — which was in the
following words, viz., " Every officer whilst under impeach-
ment shall be suspended from the exercise of the duties of
his office unless the House of Representatives shall order
otherwise ; but the trial shall be as speedy as the nature of
the case will admit" — which paragraph was largely debated,
and the yeas and nays called to determine thereon, and were
as follows :
46 yeas — 49 nays. So the motion was lost,
[p. 121.] Adjourned to 3 o'clock, p. m. Met accordingly.
Proceeded to the consideration of the several articles or
Paragraphs under the head House of Representatives.
On the I** paragraph much debate ensued, and motion
was made to strike out the words " three hundred," and
insert " two hundred and twenty-five " as the mean increas-
ing number — to determine which the yeas & nays were
called and were as follows :
19 yeas — 79 Nays. So the motion was lost and no alter-
ation was made in said article.
I08 STATE OF NEW HAMPSHIRE.
[p. 122.] The next paragraph contained in 2. proviso to
prevent the number of Representatives being more than
one hundred and ten at any one time hereafter, &c. was re-
jected. The remainder under said head was accepted till it
comes to the paragraph respecting printing the Journal of
the Gen^ Court, & after some debate it was rejected as re-
ported, and received as it stands in the Constitution, with
the addition of the following words : "And all the public
Acts " to follow the words, " General Court."
The following paragraph was added, " And any member
of the Senate or House of Representatives shall have a
right on motion made at the time for that purpose to have
his protest or dissent with the reasons against any vote, re-
solve or Bill passed, entered on the Journals."
Proceeded to consider of the Paragraphs under the head,
Governor (as reported).
The first paragraph was accepted and the 2^^ came under
consideration, and it was voted, that an alteration be made,
which was inserted in its place : the 3^^ came under con-
sideration respecting Electors &c. and voted, that Mr.
[p. 123.] Payne, Mr. Humphreys & Mr. Livermore be a
Committee to make an arrangement of the several Para-
graphs touching the Executive, and make them conformable
to certain votes that have been passed in Convention.
Adjourned to 9 o'clock to-morrow morning.
Wednesday, Feb^ 22^ 1792.
Convention met according to adjournment. Proceeded to
consider of the Report of the Committee on the 6^'^ Article
in the Bill of rights — which after being fully debated, motion
was made to accept the report: — on which motion the yeas
and nays were called, and are as follows:
57 yeas — 35 Nays. So the report was accepted.
[p. 124.] Accepted the report of the Committee on the last
clause or paragraph under the head Senate.
. Proceeded to consider of the Report of the Committee, to
consider of and report upon the whole under the head
Governor,
and accepted the same.
Proceeded to consider of the Paragraphs under the head
journal of convention, io9
Council,
and voted to erase the paragraph giving Uberty in case there
should be a new County to have an additional Counsellor —
which was rejected.
Adjourned to 3 o'clock p. m. Met accordingly.
The following Proviso was taken under consideration:
" Provided nevertheless, that the Legislature may if the pub-
lick good shall hereafter require it, divide the State into five
Districts for the election of Counsellors, according to the
numbers and taxes as nearly equal as may be, that one Coun-
sellor may be chosen in each District:" which Proviso was
accepted.
Voted That every nomination and appointment shall be
signed by the Governor and Council, and every negative
shall be signed by the Governor or Council who negatived
the same.
Under the head
Secretary, Treasurer, &c.
received as reported by the Com^^^ of Convention. Report
[p. 125.] of the Committee of the whole under the head
County Treasurer, &c. was received as reported by the
Committee. Under the head County Treasurer &c. the
whole received as reported by the committee of the whole.
Under the head, Judiciary Power received as reported
by the Committee of the whole.
The paragraph under the head, Clerk of Courts refer'd
to Mr. Humphreys for an alteration.
Under the head, Encouragement of Literature, the
paragraph was accepted as reported.
Under the head Oaths & Subscriptions &c. accepted as
reported.
Adjourned to 9 o'clock to-morrow morning.
Thursday, Feb^, 23^, 1792.
Convention met according to adjournment. Received the
report under the head "Clerk of Courts" — which was as fol-
lows: "The Judges of the Courts, (those of Probate except-
ed,) shall appoint their respective Clerks during pleasure ;
and no such clerk shall be of Council in any cause in the
Court of which he is clerk, nor shall he draw any writ orig-
inating a Civil Action."
no STATE OF NEW HAMPSHIRE.
[p. 126.] Proceeded to the paragraph which excludes cer-
tain officers from holding a seat in the Legislature, and mo-
tion was made to insert the words "Justices of the Peace;"
— to determine which the yeas & nays were called, and are
as follows :
34 yeas — 62 nays. So the motion did not prevail.
[p. 127.] Motion was made to strike out the words "Judge
of the Inferior Court of Common Pleas : " — but the motion
was lost.
Motion was then made to strike out the words, " Presi-
dent, Professor or Instructor of any College " — which passed
in the affirmative, and the words were struck out.
Voted, That when the Governor shall be tried on Im-
peachment the Chief Justice of the State shall preside in
the Senate, but shall have no vote therein.
Voted, That Mr. Humphreys, Mr. Page & Mr. Newcomb
be a Committee to report on the last paragraph in the Con-
stitution.
Adjourned to 3 o'clock p. m. Met accordingly.
The Committee reported on the last Paragraph, which re-
port was read and considered, received and accepted.
Voted That Mr. Cilley, Mr. Thompson, Mr. Atherton,
Mr. Chase and Mr. P'reeman be a Committee to consider
and report in what way and manner the proceedings in Con-
vention shall be printed and distributed to the several
Towns ; when the meetings in the Towns shall be held ;
the manner of the Towns making returns & the time and
place where Convention shall hold their next session.
[p. 128.] The foregoing Committee reported: "That some
person be appointed to agree with a printer to strike off
copies of the proceedings of Convention ; that he
superintend the Press ; that he direct one copy to the Se-
lectmen of each Town, parish and unincorporated place ;
that he bind up the copies belonging to each County in a
separate bundle and direct and send them to the sheriffs of
the respective Counties, accompanied with a letter directing
the sheriff to send the copies of the several respective
Towns &c. in the County without delay ; that the meetings
in the several towns throughout the State to consider and
vote on the doings of the Convention, be held on the first
Monday in May next, and that the Convention adjourn to
meet again on the last Wednesday of said May, at Concord."
JOURNAL OF CONVENTION. Ill
On reading and considering the foregoing report, it was
Voted, That two persons be employed for the purpose men-
tioned.
Voted, That Mr. Thompson, Mr. Toppan & Mr. Peabody
be a Committee to nominate four persons — two of whom to
be appt^ a Committee for said purpose.
Voted, That Mr. Page, Mr. Plummer & Mr. Livermore be
a Committee to point out the manner in which the returns
from the several Towns shall be made,
[p. 129.] Adjourned to 8 o'clock to-morrow morning.
Friday, Feb^' 24*^ 1792.
Convention met according to adjournment. The Com-
mittee to Nominate four persons, two of whom &c. nominat-
ed Mr. Pickering, Mr. Peabody, Mr. Walker & Doct^" Sam^
Tinney.
The Committee to whom was referred, to consider in what
manner the returns &c. should be made, reported: "That the
Articles of amendments be incorporated with the Constitu-
tion and printed: And the Articles of Amendment be num-
bered, and also printed with two blank columns on each
page, with the amendments, and at the top of one column
be printed the words, "Votes for the Amendments," and at
the top of the other column be printed, "Votes against the
Amendments:" That the returns be made by writing down
against each particular Amendment the number of votes for
the article or against the article, as the case may be, and
that there be printed at the end of the articles a certificate
in the following words, (viz.)
"I Town clerk of do hereby certify
and attest, that the number of votes for and against each ar-
[p. 130.] tide of amendment as set down in each column
against each particular article, is just and true as voted and
taken in town meeting duly warned for that purpose, and
held in the town of in the County of this
day of May, Anno Domini 1792.
Town Clerk."
The Committee further report an order to be printed on
the first page of the Articles of amendments as follows, (viz.)
** In Convention held at Concord the second Wednesday
of Feb>', 1792, by adjournment, ordered that the Constitu-
tion, with the articles of amendment incorporated, be printed,
112 STATE OF NEW HAMPSHIRE.
in order that the Constitution Amended be better under-
stood ; and the Articles of Amendments be also printed
and sent to the several Towns and unincorporated places as
soon as may be, to be laid before each Town and unincor-
porated place at a meeting of the Inhabitants duly warned
for that purpose, to be held on the first Monday of May
next, being the 7^^^ day of s'^ month, to be separately voted
[p. 131.] upon by the qualified voters present, and the Clerk
of such Town or place shall seal up the articles of amend-
ments with the number of votes written down for or against
each particular article and cause return thereof to be made
to the Convention at Concord on the last Wednesday in
May next :" — which report was accepted.
Proceeded to elect two persons of the four nominated,
and made choice of the Hon^^ Timothy Walker, Esquire,
and Doct^' Sam^ Tinney, to procure five hundred printed
copies of the amendments &c., one copy for each Town, one
for each member, and the remainder amongst some of the
largest towns in the State ; and directed to the several sher-
iffs to be by them distributed agreeably to a former Report.
Voted that the Secretary be directed to furnish the above
Committee with an attested copy of the amendments and
alterations, and also an attested copy of the Constitution,
with the amendments and alterations incorporated.
Voted, That Mr. Plummer be requested to assist the Sec-
retary in making out said copies.
[p. 32.] Adjourned to Wednesday, the 30^^' of May next
then to meet at Concord.
NOTE BY THE EDITOR.
[Here follow, in order, first, the articles in addition to and in amend-
ment of the constitution as sent out to the people ; and second, the
constitution with the said articles incorporated.].
JOURNAL OF CONVENTION.
113
Articles in addition to and amendment of the Con-
stitution OF THE State of New Hampshire, agreed
TO BY THE Convention of said State, & submitted
TO THE PEOPLE THEREOF FOR THEIR APPROBATION.
[See Pages 396-435, and 461-470 of the MS. Journal.]
NOTES BY THE EDITOR.
[In the numbering of the articles of amendment and alterations
which follow, there is a slight discrejDancy between the original manu-
script of the Journal, and the printed form as sent out to the people.
The editor has followed the latter in numbering the said articles. There
is no discrepancy in the matter thereof, except that the last article, No.
72, is in the printed form as sent out to the people.]
[The following pages are a specimen of the form in which the amend-
ments were sent out, — the votes for or against each amendment being
set down in the ruled columns. It was judged unnecessary to put the
rules on every page. The result is noted in the returns at the end.]
[The Articles of amendment are numbered as they were sent out to
the people. — Ed.]
Under the head Bill of Rights :
That the following be added to the 6'^ Article.
No. I.
But this shall not be construed to free a person
from the obligation of his own contract on his pre-
tence of changing his religious persuasion after
making the contract.
And whenever a minister is settled by any incor-
porated town or parish, any person dissenting, shall
have liberty either at the meeting or previous to
the ordination of the minister, or within one month
after the vote obtained for his settlement, to enter
his dissent with the town or parish clerk against
paying or contributing toward the support of such
minister ; & all minors, who after such settlement
shall come of age, and all inhabitants of such town
or parish who are absent from the same at the time
of such meeting or settlement, and all persons who
after such settlement move into such town or par-
ish to reside, shall have three months from the time
of their coming of full age, returning into town or
moving in to reside, as aforesaid, respectively, to
8
Votes
for the
Amend-
ments.
Votes
against
the
Amend' ts.
114
STATE OF NEW HAMPSHIRE.
Votes
Votes
for the
against
Amend-
the^
ments.
Amend'ts
enter their dissent with the town or parish clerk as
aforesaid.
And all persons who do not enter their dissent
as aforesaid, shall be bound by the major vote of
such town or parish, & it shall be considered as
their voluntary contract : But all persons who enter
their dissent as aforesaid shall not be bound by the
vote of such town or parish, or considered as party
to such contract, or in any way be compelled to
contribute towards the support of the minister, nor
shall any person be compelled to contribute towards
the support of a minister who shall change from
the sect or denomination of which he professed to
be when he settled, to any other persuasion, sect
or denomination.
No. 2.
Article 17''% That the word "Assembly" be ex-
punged, & the word " Legislature " inserted.
No. 3.
Article i8"\ That the words " those of," " dye,"
be expunged, & the word " offences " inserted.
No. 4.
Article 19*^. To be expunged & the following sub-
jstituted in lieu thereof: viz.
Every subject hath a right to be secure from all
unreasonable searches & seizures of his person, his
houses, his papers, & all his possessions ; There-
fore all warrants to search suspected places, or ar-
rest a person for examination, or trial in prosecu-
tions for criminal matters, are contrary to this right,
if the cause or foundation of them be not previ-
ously supported by oath or affirmation ; & if the
order in a warrant to a civil officer, to make
search in suspected places, or to arrest one or more
suspected persons, . or to seize their property, be
not accompanied with a special designation of the
persons or objects of search, arrest or seizure ;
& no warrants ought to be issued but in cases, &
with the formalities prescribed by law.
No. 5.
Article 20*^. To be expunged and the following
substituted in lieu thereof: viz.
In all controversies concerning property, and in
all suits between two or more persons, excepting in
cases wherein it hath been heretofore otherwise
used and practised, the parties have a right to a
trial by jury, and this right shall be deemed sacred
and inviolable ; but the Legislature may, by the
Constitution, be empowered to make such regula-
tions as will prevent parties from having as many
trials by Jury in the same suit or action as hath been
JOURNAL OF CONVENTION. II5
heretofore allowed and practised ; and to extend the civil jurisdiction
of Justices of the Peace to the trial of suits where the sum demanded
in damages doth not exceed four pounds, saving the right of appeal to
either party ; — But no such regulations shall take away the right of a
trial by Jury in any case, not in this article before excepted, unless in
cases respecting mariners wages.
No. 6.
Article 31^*, To be expunged & the following substituted in lieu
thereof: viz.
The Legislature shall assemble for the redress of public grievances,
and for making such laws as the public good may require.
No. 7.
Article 35^^, To be expunged and the following substituted in lieu
thereof: viz.
It is essential to the preservation of the rights of every individual,
his life, liberty, property and character, that there be an impartial
interpretation of the Laws, and administration of Justice ; It is
the right of every citizen to be tried by Judges as impartial as the lot
of humanity will admit. It is therefore not only the best policy, but
for the security of the rights of the people, that the Judges of the
Supreme Judicial Court should hold their offices so long as they behave
well, subject however to such limitations on account of age as may be
provided by the Constitution of the State ; & that they should have
honorable salaries ascertained and established by standing laws.
Under the head General Court.
No. 8.
The Senate & House shall assemble every year on the last Wednes-
day of Octo"", tS: at such other times as they may Judge necessary &. shall
dissolve and be dissolved seven da^-s next preceding the last Wednes-
day of October, & shall be stiled the General Court of New Hamp-
shire.
No. 9.
No member of the Gen^ Court shall take fees, be of Council, or act
as Advocate, in any cause before either branch of the Legislature ; &
upon due proof thereof such member shall forfeit his seat in the Legis-
lature.
No. 10.
The doors of the galleries of each House of the Legislature shall be
kept open to all persons who behave decently, except when the welfare
of the State in the opinion of either branch shall require secrecy.
SENATE.
No. II.
That the several paragraphs under the head of Senate be expunged,
and the following be substituted in lieu thereof: viz.
The Senate shall consist of thirteeti members who shall hold their
office for one year from the last Wednesday of October next ensuing
their election.
Il6 STATE OF NEW HAMPSHIRE.
No. 12.
And, that the State may be equally represented in the Senate, the
Legislature shall from time to time divide the State into thirteen dis-
tricts as nearly equal as may be, without dividing towns and unincor-
porated places ; and in making this division they shall govern themselves
by the proportion of public taxes paid by the said districts, and timely
make known to the inhabitants of the State the limits of each district.
No. 13.
The freeholders and other inhabitants of each district qualified as in
this Constitution is provided, shall annually give in their votes for a
Senator at some meeting holden in the month of March.
No. 14.
The Senate shall be the first branch of the Legislature ; and the Sen-
ators shall be chosen in the following manner, viz : Every male inhabi-
tant of each town & parish with town priviledges, and places unincor-
porated in this State, of twenty-one years and upwards, excepting
paupers, and persons excused from paying taxes at their own request,
shall have a right at the annual or other meetings of the inhabitants of
said towns & parishes, to be duely warned & holden annually forever
in the month of March, to vote in the town or parish wherein he dwells,
for the Senators in the district whereof he is a member.
No. 15.
Provided nevertheless. That no person shall be capable of being
elected a Senator who is not seized of a freehold estate in his own
right of the value of two hundred pounds, lying within this State, who
is not of the age of thirty years, and who shall not have been an Inhab-
itant of this State for seven years immediately preceding his election ;
and at the time thereof he shall be an inhabitant of the district for
which he shall be chosen.
No. 16.
And every person qualified as the Constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this State, in that town, parish and plan-
tation where he dwelleth and hath his home.
No. 17.
And the inhabitants of plantations and places unincorporated, quali-
fied as this Constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of government or shall be
taxed therefor, shall have the same priviledge of voting for Senators in
the plantations & places wherein they reside, as the inhabitants of the
respective towns & parishes aforesaid have. And the meetings of such
plantations & places for that purpose, shall be holden annually in the
month of March, at such places respectively therein, as the assessors
thereof shall direct ; which assessors shall have like authority for noti-
fying the electors, collecting & returning the votes, as the Selectmen
&: Town Clerks have in their several towns by this Constitution.
No. 18.
The meetings for the choice of Governor, Counsellors & Senators
shall be warned by warrant from the Selectmen, & governed by a mod-
JOURNAL OF CONVENTION. 11/
erator, who shall in the presence of the Selectmen (whose duty it shall
be to attend) in open meeting receive the votes of all the inhabitants
of such towns & parishes present & qualified to vote for Senators. &
shall in said meetings, in presence of the said selectmen & of the town
Clerk, in said meeting sort and count the said votes & make a public
declaration thereof, with the name of every person voted for, & the
number of votes for each person. And the town Clerk shall make a
fair record of the same at large in the Town book & shall make out a
fair attested copy thereof, to be by him sealed up and directed to the
Secretary of the State, with a superscription expressing the purport
thereof: And the said Town clerk shall cause such attested copy to be
delivered to the sheriff of the County in which such town or parish
shall lie forty days at least before the last Wednesday of October, or to
the Secretary of the State at least thirty days before the said last
Wednesday of October ; — and the Sheriff of each County or his deputy
shall deliver all such certificates by him received, into the Secretary's
office at least thirty days before the last Wednesday of October.
No. 19.
And, that there may be a due meeting of Senators on the last
Wednesday of October annually, the Governor & a majority of the
Council for the time being, shall as soon as may be, examine the re-
turned copies of such records : & fourteen days before the said last
Wednesday of October, he shall issue his summons to such persons as
appear to be chosen Senators by a majority of votes, to attend & take
their seats on that day : Provided nevertheless, that for the first year,
the said returned copies shall be examined by the President & a ma-
jority of the Council then in ofiiice, and the said President shall in like
manner notify the persons elected, to attend and take their seats ac-
cordingly.
No. 20.
And, in case there shall not appear to be a Senator elected by a ma-
jority of votes for any district, the deficiency shall be supplied in the
following manner, viz : The members of the House of Representatives
& such Senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district; &
out of these shall elect by joint ballot, the Senator wanting for such
district ; & in this manner all such vacancies shall be filled up in every
district of the State ; & in like manner all vacancies in the Senate
arising by death, removal out of the State, or otherwise, shall be sup-
plied as soon as may be, after such vacancies happen.
No. 21.
The Senate shall be final judges of the elections, returns & qualifica-
tions of their own members as pointed out in this Constitution.
No. 22.
The Senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time ; — Provided fievert/ieless,
That whenever they shall sit on the trial of any impeachment, they may
adjourn to such time & place as they may think proper, although the
Legislature be not assembled on such day or at such place.
No. 23.
The Senate shall appoint their President & other officers, & determine
Il8 STATE OF NEW HAMPSHIRE.
their own rules of proceeding : And not less than seven members of the
Senate shall make a quorum for doing business ; & when less than eight
Senators shall be present, the assent of five at least shall be necessary
to render their acts and proceedings valid.
No. 24.
The Senate shall be a Court with full power & authority to hear, try
& determine all impeachments made by the House of Representatives
against any officer or officers of the State for bribery, corruption, mal-
practice, or mal-administration in office, with full power to issue sum-
mons or compulsory process for convening witnesses before them, with
all necessary powers incident to a Court of trials. But previous to the
trial of any such Impeachment, the members of the Senate shall respec-
tively be sworn, truly & impartially to try & determine the charge in
question according to evidence. And every officer impeached for brib-
ery, corruption, mal-practice or mal-administration in office, shall be
served with an attested copy of the Impeachment & order of Senate
thereon, with such citation as the Senate may direct, setting forth the
time & place of their sitting, to try the impeachment ; which service
shall be made by the sheriff or such other sworn officer as the Senate
may appoint, at least fourteen days previous to the time of trial ; & such
citation being duly served & returned, the Senate may proceed in the
hearing of the Impeachment, giving the person impeached, if he shall
appear, full liberty of producing witnesses & proofs, & of making his
defence by himself & Council, & may also upon his refusing or neglect-
ing to appear, hear the proofs in support of the impeachment, & render
Judgment thereon, — his non-appearance notwithstanding — & such Judg-
ment shall have the same force & effect, as if the person impeached had
appeared & pleaded on the trial. Their judgment, however, shall not
extend further than removal from office, disqualification to hold or enjoy
any place of honor, trust, or profit under this State ; but the party so
convicted, shall nevertheless be liable to indictment, trial, judgment &
punishment, according to the laws of the land. Whenever the Gov-
ernor shall be impeached, the Chief Justice of the Supreme Judicial
Court, shall during the trial preside in the Senate, but have no vote
therein.
Under the head House of Representatives.
No. 25.
That the fifth Paragraph under this head be expunged & the follow-
ing added :
All persons qualified to vote in the election of Senators shall be inti-
tled to vote within the district where they dwell in the choice of Repre-
sentatives. Every member of the House of Representatives shall be
chosen by ballot ; & for two years at least next preceding his election,
shall have been an inhabitant of this State ; shall have an estate within
the district which he may be chosen to represent, of the value of one
hundred pounds, one half of which to be a freehold, whereof he is seized
in his own right; & shall be at the time of his election, an inhabitant
of the district he may be chosen to represent, & shall cease to repre-
sent such district immediately on his ceasing to be qualified as aforesaid.
No. 26.
That the sixth article under said head be expunged & the following
added : —
JOURNAL OF CONVENTION. II9
The members of both Houses of the Legislature shall be compensat-
ed for their services out of the Treasury of the State by a Law made for
that purpose ; such member attending seasonably & not departing with-
out license. All intermediate vacancies in the House of Representa-
tives, may be filled up from time to time in the same manner as annual
elections are made.
No. 27.
The House of Representatives shall be judge of the returns, elections,
& qualifications of its members, as pointed out in this Constitution.
That the last paragraph under the head of House of Representatives
be expunged, & the following added ; viz.
No. 28.
The Journals of the proceedings, & all the public acts of both Houses
of the Legislature, shall be printed & published immediately after every
adjournment, or prorogation ; and upon motion made by any one mem-
ber, the yeas and nays upon any question, shall be entered in the Jour-
nals ; And any member of the Senate or House of Representatives
shall have a right, on motion made at the time for that purpose, to have
his protest or dissent with the reasons against any vote, resolve or bill
passed, entered on the Journals.
EXECUTIVE POWER.
GOVERNOR.
No. 29.
The Governor shall be chosen annually in the month of March, &
the votes for Governor shall be received, counted, sorted, certified &
returned in the same manner as the votes for Senators ; & the Secreta-
ry shall lay the same before the Senate & House of Representatives, on
the last Wednesday of October to be by them examined, and in case
of an election by a majority of votes through the State, the choice
shall be by them declared & published.
No. 30.
And the qualifications of electors of the Governor shall be the same
as those for Senators ; and if no person shall have a majority of votes,
the Senate &: House of Representatives shall by joint ballot elect one
of the two persons having the highest number of votes, who shall be
declared Governor.
No. 31.
And no person shall be eligible to this office, unless at the time of
his election he shall have been an inhabitant of this State for seven
years next preceding ; & unless he shall be of the age of thirty years,
and unless he shall at the same time, have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold in.
his own right within this State.
No. 32.
In cases of disagreement between the two houses with regard to the
time or place of adjournment or prorogation, the Governor, with advice
of Council, shall have a right to adjourn or prorogue the General Court
not exceeding seven months at any one time, as he may determine the
120 STATE OF NEW HAMPSHIRE.
public good may require, to meet at the place where the Gen^ Court
shall be at that time sitting ; and he shall dissolve the same seven days
before the said last Wednesday of October.
No. 33.
And in case of any infectious distemper prevailing in the place where
the said Court is to convene, or any other cause whereby dangers may
arise to the health or lives of the members from their attendance, the
Governor may direct the session to be holden at some other the most
convenient place within the State.
No. 34.
Every bill, which shall have passed both Houses of the General
Court, shall before it become a law. be presented to the Governor ; if
he approve, he shall sign it; but if not, he shall return it with his ob-
jections to that house in which it shall have originated, who shall enter
the objections at large on their Journal and proceed to reconsider it.
If after such reconsideration two thirds of that House shall agree to
pass the bill, it shall be sent together with such objections to the other
house, by which it shall likewise be reconsidered ; and if approved by
two thirds of that House, it shall become a law. But in all such cases
the votes of both Houses shall be determined by yeas and nays, and
the names of the persons voting for or against the bill shall be entered
on the Journal of each house respectively. If any bill shall not be re-
turned by the Governor within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like man-
ner as if he had signed it, unless the Legislature by their adjournment
prevent its return ; — in which case it shall not be a law.
No. 35.
Every resolve shall be presented to the Governor & before the same
shall take effect, shall be approved by him, or, being disapproved by
him shall be repassed by the Senate and House of Representatives,
according to the rules & limitations prescribed in the case of a bill.
No. 36.
All Judicial officers, the Attorney General, Solicitors, all Sheriffs,
Coroners, Registers of Probate, & all officers of the Navy, & General
& field officers of the Militia, shall be nominated & appointed by the
Governor & Council ; & every such nomination shall be made at least
three days prior to such appointment ; & no appointment shall take
place, unless a majority of the Council agree thereto. The Governor &
Council shall have a negative on each other both in the nominations &
appointments. Every nomination & appointment shall be signed by
the Governor or Council ; & every negative shall be also signed by the
Governor or Council who made the same.
No. 37.
The Captains & Subalterns in the respective regiments shall be nomi-
nated by the field officers, & if approved by th.j Governor shall be ap-
pointed by him.
No. 38.
Whenever the Chair of the Governor shall become vacant by reason
of his death, absence from the State or otherwise, the President of the
JOURNAL OF CONVENTION. 121
Senate, shall, during such vacanc}', have and exercise all the powers
and authorities which by this Constitution the Governor is vested with
when personally present : But when the President of the Senate shall
exercise the office of Governor, he shall not hold his office in the Sen-
ate.
No. 39.
The several paragraphs under the head "President" in the Consti-
tution, shall be altered by expunging the word *' President," and insert-
ing the word Governor in lieu thereof.
No. 40.
And the second, third, fourth, sixth, ninth, sixteenth, and last para-
graph, under the head " President" in the Constitution, shall be ex-
punged, and be considered as no longer in force.
COUNCIL.
No. 41.
The several paragraphs under the head Council in the Constitution
shall be expunged, and the following substituted in lieu thereof:
There shall be annually elected by ballot five Councillors for advis-
ing the Governor in the Executive part of Government : The free-
holders and other inhabitants in each county qualified to vote for
Senators, shall some time in the month of March give in their votes for
one Councillor; — which votes shall be received, sorted, counted, certi-
fied and returned to the Secretary's office, in the same manner as the
votes for Senators, to be by the Secretary laid before the Senate and
house of Representatives on the last Wednesday of October.
No. 42.
And the person having a majority of votes in any County shall be con-
sidered as duly elected a Councillor : But if no person shall have a ma-
jority of votes in any County, the Senate and House of Representatives
shall take the names of the two persons who have the highest number
of votes in each County and not elected, and out of those two shall elect
by joint ballot, the Councillor wanted for such County.
No. 43.
Provided nevertheless. That no person shall be capable of being
elected a Councillor, who has not an estate of the value of five hun-
dred pounds, within this State, three hundred pounds of which or
more shall be a freehold in his own right ; and who is not thirty years
of age, and who shall not have been an inhabitant of this State for
seven years immediately preceding his election, and at the time of his
election an inhabitant of the County in which he is elected.
No. 44.
The Secretary shall annually, seventeen days before the last Wednes-
day of October, give notice of the choice of the persons elected.
No. 45.
If any person shall be elected Governor or member of either branch
of the Legislature, and shall accept the trust, or if any person elected as
122 STATE OF NEW HAMPSHIRE.
Councillor shall refuse to accept the office, or in case of the death, res-
ignation, or removal of any Councillor out of the State, the Governor
may issue a precept for the election of a new Councillor in that County
where such vacancy shall happen, and the choice shall be in the same
manner as before directed. The Governor shall have power and au-
thority to convene the Council from time to time at his discretion, and
with them or the majority of them, may and shall from time to time
hold a Council for ordering and directing the affairs of the State accord-
ing to the Law of the land.
No. 46.
The members of the Council may be impeached by the House and
tried by the Senate for bribery, corruption, mal-practice or mal-admin-
istration. The resolutions and advice of the Council shall be recorded
by the Secretary in a register, and signed by all the members present
agreeing thereto ; and this record may be called for at any time, by
either House of the Legislature ; and any member of the Council may
enter his opinion contrary to the resolutions of the majority, with the
reasons for such opinion.
No. 47.
The Legislature may, if the public good shall hereafter require it, di-
vide the State into five districts as nearly equal as may be, governing
themselves by the number of rateable polls & proportion of public taxes,
each District to select a Councillor; and in case of such division, the
manner of the choice shall be conformable to the present mode of elec-
tion in Counties.
No. 48,
And whereas the elections appointed to be made by this Constitution
on the last Wednesday of October annually by the two Houses of the
Legislature may not be completed on that day, the said elections may
be adjourned from day to day until the same shall be completed. And
the order of the elections shall be as follows : The vacancies in the Sen-
ate, if any, shall be first filled up; the Governor shall then be elected,
provided there shall be no choice of him by the people, and afterwards
the two houses shall proceed to fill up the vacancy, if any, in the Coun-
cil.
Under the head Secretary, &c.
No. 49.
The Secretary of the State shall at all times have a deputy to be by
him appointed, for whose conduct in office he shall be responsible, and
in case of the death, removal or inability of the Secretary, his deputy
shall exercise all the duties of the office of Secretary of this State
until another shall be appointed.
No. 50.
The Secretary before he enters upon the business of his office, shall
give bond with sufficient sureties in a reasonable sum for the use of
the State, for the punctual performance of his trust.
County Treasurer, &c.
No. 51.
That the paragraph under this head in the Constitution be expunged,
and the following substituted in the lieu thereof:
JOURNAL OF CONVENTION. 1 23
The County Treasurer and Register of Deeds, shall be elected by
the inhabitants of the several Towns in the several Counties in the State,
according to the method now practised and the laws of the State ; Pro-
vided nevertheless, the Legislature [shall have authority] to alter the
manner of certifying the votes and the mode of electing those officers,
but not so as to deprive the people of the right they now have of elect-
ing them.
No. 52.
And the Legislature on the application of the major part of the in-
habitants of any County shall have authority to divide the same into
two districts, for registering deeds, if to them it shall appear neces-
sary— each district to elect a Register of deeds.
No. 53.
The County Treasurer and Register of deeds before they enter upon
the business of their offices, shall be respectively sworn faithfully to
discharge the duties thereof, and shall severally give bond with suffi-
cient sureties in a reasonable sum for the use of the County or District,
for the punctual performance of their respective trusts.
JUDICIARY POWER.
No. 54.
It shall be the duty of the General Court to make a reform in the Judi-
ciary system, that justice may be administered in a more cheap and ex-
peditious manner than is now practised ; and that no party shall have a
review after the cause has been determined against him twice by Jury.
No. 55.
The General Court are hereby empowered to make alterations in the
power and jurisdiction of the Courts of common pleas and General Ses-
sions of the peace respectively ; or if they shall judge it necessary for
the public good, to abolish those Courts, or either of them, and invest
such other courts as they may establish, with the jurisdiction and pow-
ers now vested in the Courts of common pleas and Courts of General
Sessions of the peace, as the General Court may from time to time
judge expedient for the due administration of law and justice.
No. 56.
And it shall be the duty of the General Court to vest in such Court
or Courts of law as to them may appear expedient, the power of grant-
ing new trials, or a trial after judgment, either upon verdict of a Jury,
default, non-suit, or complaint for affirmation of judgment, in all cases
where substantial justice has not been done (except as before except-
ed) in such manner and under such restrictions and regulations as to
the General Court may appear for the public good ; — Provided, applica-
tion be made for such reviews or trial within one year from the rendi-
tion of judgment.
No. 57.
For the more effectually preserving the proper separation of the three
great powers of Government agreeably to the yj^"^^ article in the Bill of
rights, the power of hearing and deciding in causes of equity shall be
vested either in some judicial Court or Courts, or in some Court to be
124 STATE OF NEW HAMPSHIRE.
established specially for that purpose : Provided, no power shall be
granted to any such Courts incompatible with the Bill of rights and
Constitution ; and the powers of said Courts shall be limited and de-
fined by express laws — and no suit in equity shall be sustained where
clear and adequate remedy may be had at law.
No. 58.
The General Court are empowered to give to justices of the peace
jurisdiction in civil causes when the damages demanded shall not ex-
ceed four pounds, and title of real estate is not concerned ; but with
right of appeal to either party to some other court, so that a trial by
Jury in the last resort may be had.
No. 59.
No person shall hold the office of Judge of any Court, or Judge of
Probate, or Sheriff of any County after he has attained the age of sev-
enty years.
No. 60.
No Judge of any Court or justice of the peace shall act as attorney,
or be of counsel to any party, or originate any civil suit in matters
which shall come or be brought before [him] as judge or justice of the
peace.
No. 61.
All matters relating to the Probate of Wills and granting letters of
administration, shall be exercised by the Judges of probate in such man-
ner as the Legislature have directed or may hereafter direct — and the
judges of probate shall hold their Courts at such place or places on such
fixed days as the conveniency of the people may require, and the legis-
ture from time to time appoint.
No. 62.
No judge or register of probate shall be of counsel, act as advocate,
or receive any fees as advocate or counsel in any probate business which
is pending or may be brought into any Court of probate, in the county
of which he is judge or register.
No. 63.
That the paragraph under the head "Clerks of Court'' in the Con-
stitution be expunged, and the following substituted : — viz.
No. 64.
The Judges of the Courts (those of Probate excepted) shall appoint
their respective Clerks, to hold their office during pleasure. And no
such clerk shall act as an attorney, or be of council in any cause in the
Court of which he is clerk, nor shall he draw any writ originating a
civil action.
No. 65.
That the paragraph in the Constitution under the head, "Delegates
to Congress," be expunged.
No. 66.
The Oath of allegiance in the Constitution shall be expunged, and
the following shall be substituted in lieu thereof:
JOURNAL OF CONVENTION. 125
I, A. B do solemnly swear that I will bear faith and true al-
legiance to the State of New Hampshire, and will support the Consti-
tution thereof: — So help me God.
No. d"].
Any person having taken and subscribed the oath of allegiance shall
not be obliged to take said oath again.
No. 68.
And the Oath or affirmations shall be taken and subscribed by the
Governor before the President of the Senate, in presence of both
houses of the Legislature, and by the Senators and Representatives
first elected under this Constitution as amended and altered, before the
President of the State and a majority of the Councillors then in office ;
and forever afterwards before the Governor and Council for the time
being ; and by all other officers, before such persons and in such man-
ner as the Legislature shall from time to time appoint.
No. 69.
That the 15*^ paragraph in this Constitution under the head "Oaths &
Subscriptions" &c. be expunged, and the following substituted in lieu
thereof, viz. :
No. 70.
No person holding the office of Judge of any Court — except special
Judges, — Secretary, Treasurer of the State, Attorney General, Commis-
sary General, Military Officers receiving pay from the Continent or this
State, — excepting officers of the militia occasionally called forth on an
emergency, — Register of deeds. Sheriff or officer of the Customs, includ-
ing Naval officers. Collectors of excise and State and Continental taxes
hereafter appointed, and not having settled their accounts with the re-
spective officers with whom it is their duty to settle such accounts,
members of Congress or any person holding an office under the United
States, shall at the same time hold the office of Governor, or have a
seat in the Senate or House of Representatives or Council ; but his
being chosen and appointed to, and accepting the same, shall operate
as a resignation of his seat in the Chair of the Senate or House of Rep-
resentatives or Council, and the place so vacated shall be filled up. No
m.ember of the Council shall have a seat in the Senate or House of
Representatives.
No. 71.
To the end that there may be no failure of justice or danger to the
State by the alterations and amendments made in the Constitution, the
General Court is hereby fully authorized and directed to fix tlie time
when the Amendments and alterations shall take effect, and make the
necessary arrangement accordingly. That the last paragraph in the
Constitution be expunged, and the following substituted in lieu thereof,
viz. :
No. 72.*
It shall be the duty of the Selectmen and Assessors of the several
towns and places in this State, in warning the first annual meeting for
the choice of Senators, after the expiration of seven years from the
* This article in its present form was sent out with the revised and amended constitution,
but the original is not found in the MS. Journal. — Ed.
126 STATE OF NEW HAMPSHIRE.
adoption of this Constitution as amended, to insert expressly in the
warrant this purpose, among the others, for the meeting, to wit : To
take the sense of the qualified voters on the subject of a revision of
the Constitution : And the meeting being warned accordingly, and not
otherwise, the Moderator shall take the sense of the qualified voters
present, as to the necessity of a revision ; and a return of the number
of votes for and against such necessity, shall be made by the clerk,
sealed up, and directed to the General Court, at their then next session ;
and if it shall appear to the General Court, by such returns, that the
sense of the people of the State has been taken, and that in the opin-
ion of the majority of the qualified voters in the State present, and
voting at said meeting, there is a necessity for a revision of the Con-
stitution, it shall be the duty of the General Court to call a Convention
for that purpose; otherwise, the General Court shall direct the sense
of the people to be taken, and then proceed in the manner before men-
tioned. The delegates to be chosen in the same manner and propor-
tioned as the representatives to the General Court : — Provided^ that no
alterations shall be made in this Constitution, before the same shall be
laid before the towns and unincorporated places, and approved by two
thirds of the qualified voters present, and voting on the subject. And
the same method of taking the sense of the people, as to the revision
of the Constitution and calling a Convention for that purpose, shall be
observed afterwards at the expiration of every seven years.
JOHN PICKERING,
President, P. T.
Attest : John Calfe, Secretary.
NOTE BY THE EDITOR.
[Here follows the amended Constitution, wdth the aforesaid alterations
and amendments incorporated as sent out to the people in February, 1792 ;
but, inasmuch as the several articles in the Bill of Rights (as before
printed — pp. 71-76) were unaltered — except article 6''% with slight
verbal alterations in iS''^ and 19"% and the rejection of the 39*^, — it is
deemed entirely unnecessary to repeat them. In what follows, under
the head of Part II, the alterations and amendments are incorporated.]
part II.
FORM OF GOVERNMENT.
The people inhabiting the territory formerly called the Province of
New Hampshire, do hereby solemnly and mutually agree with each
other, to form themselves into a free, sovereign, and independent Body-
Politic, or State, by the name of the State of New Hajiip shire.
GENERAL COURT.
The Supreme Legislative Power, within this State, shall be vested in
the Senate and House of Representatives, each of which shall have a
negative on the other.
JOURNAL OF CONVENTION. 12/
The Senate and House shall assemble every year on the last Wednes-
day of October, and at such other times as they may judge necessary ;
and shall dissolve, and be dissolved, seven days next preceding the said
last Wednesdav of October: and shall be stiled THE GENERAL
COURT OF NEW HAMPSHIRE.
The General Court shall forever have full power and authority to erect
and constitute Judicatories and Courts of Record, or other Courts, to be
holden in the name of the State, for the hearing, trying, and determin-
ing, all manner of crimes, offences, pleas, processes, plaints, actions,
causes, matters and things whatsoever, arising or happening within this
State, or between or concerning persons inhabiting or residing, or
brought within, the same, whether the same be criminal or civil, or
whether the crimes be capital, or not capital, and whether the said pleas
be real, personal, or mixed ; and for the awarding and issuing execu-
tion thereon. To which Courts and Judicatories, are hereby given and
granted, full power and authority, from time to time, to administer oaths
or affirmations, for the better discovery of truth in any matter in con-
troversy, or depending before them.
And farther, full power and authority are hereby given and granted to
the said General Court, from time to time, to make, ordain, and establish,
all manner of wholesome and reasonable orders, laws, statutes, ordinan-
ces, directions, and instructions, either with penalties or without, so as
the same be not repugnant or contrary to this Constitution, as they may
judge for the benefit and welfare of this State, and for the governing
and ordering thereof, and of the subjects of the same, for the necessary
support and defence of the government thereof; and to name and settle
annually, or provide by fixed laws for the naming and settling, all civil
ofiicers within this State ; such officers excepted, the election and ap-
pointment of whom are hereafter in this form of government otherwise
provided for ; and to set forth the several duties, powers, and limits, of
the several civil and military officers of this State, and the forms of such
oaths or affirmations as shall be respectively administered unto them,
for the execution of their several offices and places, so as the same be
not repugnant or contrary to this Constitution ; and also to impose fines,
mulcts, imprisonments, and other punishments ; and to impose and
levy proportional and reasonable assessments, rates, and taxes, upon all
the inhabitants of, and residents within, the said State ; and upon all es-
tates within the same ; to be issued and disposed of by warrant, under
the hand of the Governor of this State for the time being, with the ad-
vice and consent of the Council, for the public service, in the necessary
defence and support of the government of this State, and the protection
and preservation of the subjects thereof, according to such acts as are,
or shall be, in force within the same.
And while the public charges of government, or any part thereof,
shall be assessed on polls and estates in the manner that has heretofore
been practised ; in order that such assessments may be made with
equality, there shall be a valuation of the estates within the State taken
anew once in every five years at least, and as much oftener as the Gen-
eral Court shall order.
No member of the General Court shall take fees, be of counsel, or
act as advocate, in any cause before either branch of the Legislature ;
and upon due proof thereof, such member shall forfeit his seat in the
Legislature.
128 STATE OF NEW HAMPSHIRE.
The doors of the galleries of each house of the Legislature, shall
be kept open to all persons who behave decently, except when the wel-
fare of the State, in the opinion of either branch, shall require secrecy.
SENATE.
The Senate shall consist of thirteen members, who shall hold their
office for one year, from the last Wednesday of October next ensuing
their election.
And that the State may be equally represented in the Senate, the Leg-
islature shall from time to time, divide the State into thirteen districts
as nearly equal as may be without dividing towns and unincorporated
places ; and in making this division, they shall govern themselves by
the proportion of public taxes paid by the said districts, and timely make
known to the inhabitants of the State the limits of each district.
The freeholders and other inhabitants of each district, qualified as in
this Constitution is provided, shall annually give in their votes for a
Senator, at some meeting holden in the month of March.
The Senate shall be the first branch of the Legislature ; and the Sen-
ators shall be chosen in the following manner, viz. Every male inhabi-
tant, of each town, and parish with town privileges, and places unin-
corporated, in this State, of twenty-one years of age and upwards, ex-
cepting paupers, and persons excused from paying taxes at their own
request, shall have a right, at the annual or other meetings of the in-
habitants of said towns and parishes, to be duly warned and holden an-
nually forever in the month of March, to vote in the town or parish
wherein he dwells, for the Senators in the county or district whereof he
is a member.
Provided nevertheless. That no person shall be capable of being
elected a Senator, vv'ho is not seized of a freehold estate, in his own
right, of the value of two hundred pounds, lying within this State, who
is not of the age of thirty years, and who shall not have been an inhab-
itant of this State for seven years immediately preceding his election,
and at the time thereof he shall be an inhabitant of the district for
which he shall be chosen.
And every person, qualified as the Constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this State, in the town, parish, and plan-
tation, where he dwelleth and hath his home.
And the inhabitants of plantations and places unincorporated, quali-
fied as this Constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of government, or shall be
taxed therefor, shall have the same privilege of voting for Senators, in
the plantations and places wherein they reside, as the inhabitants of
the respective towns and parishes aforesaid have. And the meetings of
such plantations and places for that purpose, shall be holden annually
in the month of March, at such places respectively therein as the asses-
sors thereof shall direct ; which assessors shall have like authority for
notifying the electors, collecting and returning the votes, as the Select-
men and Town Clerks have in their several towns by this Constitution.
The meetings for the choice of Governor, Council, and Senators,
shall be warned by warrant from the Selectmen, and governed by a
Moderator, who shall, in the presence of the Selectmen, (whose duty
it shall be to attend) in open meeting, receive the votes of all the
JOURNAL OF CONVENTION. 1 29
inhabitants of such towns and parishes present, and qualified to vote
for Senators ; and shall, in said meetings, in presence of the said Se-
lectmen and of the Town Clerk, in said meeting, sort and count the
said votes, and make a public declaration thereof, with the name of
every person voted for, and the number of votes for each person : And
the Town Clerk shall make a fair record of the same at large, in the
town book, and shall make out a fair attested copy thereof, to be by
him sealed up and directed to the Secretary of the State, with a super-
scription expressing the purport thereof: And the said Town Clerk
shall cause such attested copy to be delivered to the Sheriff of the
county in which such town or parish shall lie, forty days at least before
the last Wednesday of October ; or to the Secretary of the State at
least thirty days before the said last Wednesday of October: And the
Sheritf of each county, or his Deputy, shall deliver all such certificates
by him received, into the Secretary's office, at least thirty days before
the last Wednesday of October.
And that there maybe a due meeting of Senators on the last Wednes-
day of October annually, the Governor, and a majority of the Council
for the time being, shall, as soon as may be, examine the returned
copies of such records, and fourteen days before the said last Wednes-
day of October, he shall issue his summons to such persons as appear-
to be chosen Senators, by a majority of votes, to attend and take their
seats on that day.
Provided nevertheless. That for the first year the said returned copies
shall be examined by the President, and a majority of the Council then
in office ; and the said President shall, in like manner, notify the per-
sons elected, to attend and take their seats accordingly.
And in case there shall not appear to be a Senator elected, by a ma-
jority of votes for any district, the deficiency shall be supplied in the
following manner, viz. The members of the House of Representatives,
and such Senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district, and
out of them shall elect, by joint ballot, the Senator wanted for such
district ; and in this manner all such vacancies shall be filled up, in
every district of the State ; and in like manner all vacancies in the Sen-
ate, arising by death, removal out of the State, or otherwise, shall be
supplied, as soon as may be after such vacancies happen.
The Senate shall be final judges of the elections, returns, and qual-
ifications, of their own members, as pointed out in this Constitution.
The Senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time.
Provided nevertheless. That whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they
may think proper, although the Legislature be not assembled on such
day, or at such place.
The Senate shall appoint their President, and other officers, and de-
termine their own rules of proceedings : And not less than seven mem-
bers of the Senate shall make a quorum for doing business ; and when
less than eight Senators shall be present, the assent of five, at least,
shall be necessary, to render their acts and proceedings valid.
The Senate shall be a Court, with full power and authority to hear,
try, and determine, all impeachments made by the House of Represen-
tatives against any officer or officers of the State, for bribery, corrup-
130 STATE OF NEW HAMPSHIRE.
tion, mal-practice, or mal-administration, in office ; with full power to
issue summons, or compulsory process, for convening witnesses before
them, with all necessary powers incident to a Court of Trials ; But pre-
vious to the trial of any such impeachment, the members of the Senate
shall respectively be sworn truly and impartially to try and determine
the charge in question, according to evidence. And every officer, im-
peached for bribery, corruption, mal-practice, or mal-administration, in
office, shall be served with an attested copy of the impeachment, and
order of Senate thereon, with such citation as the Senate may direct,
setting forth the time and place of their sitting to try the impeachment ;
which service shall be made by the Sheriff, or such other sworn officer
as the Senate may appoint, at least fourteen days previous to the time
of trial ; and such citation being duly served and returned, the Senate
may proceed in the hearing of the impeachment, giving the person im-
peached, if he shall appear, full liberty of producing witnesses and
proofs, and of making his defence, by himself and counsel ; and may
also, upon his refusing or neglecting to appear, hear the proofs in sup-
port of the impeachment, and render judgment thereon, his non-appear-
ance notwithstanding ; and such judgment shall have the same force
and effect as if the person impeached had appeared and pleaded in the
trial. Their judgment, however, shall not extend further than removal
from office, disqualification to hold or enjoy any place of honor, trust,
or profit, under this State ; but the party, so convicted, shall never-
theless be liable to indictment, trial, judgment, and punishment, ac-
cording to the laws of the land.
Whenever the Governor shall be impeached, the Chief Justice of the
Supreme Judicial Court shall, during the trial, preside in the Senate,
but have no vote therein.
HOUSE OF REPRESENTATIVES.
There shall be, in the Legislature of this State, a representation of
the people, annually elected, and founded upon principles of equality:
And, in order that such representation may be as equal as circum-
stances will admit, every town, parish, or place entitled to town priv-
ileges, having one hundred and fifty rateable male polls, of twenty-one
years of age, and upwards, may elect one Representative ; if four hun-
dred and fifty rateable polls, may elect two Representatives ; and so
proceeding, in that proportion, making three hundred such rateable
polls the mean increasing number, for every additional Representative.
Such towns, parishes, or places, as have less than one hundred and
fifty rateable polls, shall be classed by ihe General Assembly, for the
purpose of choosing a Representative, and seasonably notified thereof.
And in every class, formed for the above-mentioned purpose, the first
annual meeting shall be held in the town, parish, or place, wherein
most of the rateable polls reside ; and afterwards in that which has the
next highest number ; and so on annually, by rotation, through the
several towns, parishes, or places, forming the district.
Whenever any town, parish, or place, entitled to town privileges, as
aforesaid, shall not have one hundred and fifty rateable polls, and be so
situated as to render the classing thereof with any other town, parish,
or place, very inconvenient, the General Assembly may, upon applica-
tion of a majority of the voters in such town, parish, or place, issue a
JOURNAL OF CONVENTION. I3I
writ for their electing and sending a Representative to the General
Court.
The members of the House of Representatives shall be chosen annu-
ally, in the month of ^Nlarch, and shall be the second branch of the Leg-
islature.
All persons, qualified to vote in the election of Senators, shall be en-
titled to vote, within the district where they dwell, in the choice of Rep-
resentatives. Every member of the House of Representatives shall
be chosen by ballot ; and for two years, at least, next preceding his
election, shall have been an inhabitant of this State ; shall have an es-
tate within the district which he may be chosen to represent, of the
value of one hundred pounds, one half of which to be a freehold,
whereof he is seized in his own right ; shall be, at the time of his elec-
tion, an inhabitant of the district he may be chosen to represent ; and
shall cease to represent such district immediately on his ceasing to be
qualified as aforesaid.
The members of both Houses of the Legislature shall be compensat-
ed for their services out of the treasury of the State, by a law made for
that purpose ; such members attending seasonably, and not departing
without licence. All intermediate vacancies, in the House of Repre-
sentatives, may be filled up, from time time, in the same manner as
annual elections are made.
The House of Representatives shall be the Grand Inquest of the
State ; and all impeachments made by them, shall be heard and tried
by the Senate.
All money bills shall originate in the House of Representatives ; but
the Senate may propose, or concur with, amendments, as on other bills.
The House of Representatives shall have power to adjourn them-
selves, but no longer than two days at a time.
A majority of the members of the House of Representatives shall be
a quorum for doing business : But when less than two thirds of the_
Representatives elected shall be present, the assent of two thirds of
those members shall be necessary to render their acts and proceedings
valid.
No member of the House of Representatives, or Senate, shall be ar-
rested, or held to bail, on mean process, during his going to, returning
from, or attendance upon, the Court.
The House of Representatives shall choose their own Speaker, ap-
point their own officers, and settle the rules of proceedings in their own
House ; and shall be judge of the returns, elections, and qualifications,
of its members, as pointed out in this Constitution. They shall have
authority to punish, by imprisonment, every person who shall be guilty
of disrespect to the House, in its presence, by any disorderly and con-
temptuous behavior, or by threatening, or ill treating, any of Us mem-
bers ; or by obstructing its deliberations ; every person guilty of a
breach of its privileges, in making arrests for debt, or by assaulting
any member during his attendance at any session ; in assaulting or dis-
turbing any one of its officers in the execution of any order or proced-
ure of the House ; in assaulting any witness, or other person, ordered
to attend, by and during his attendance of the House ; or in rescuing
any person arrested by order of the House, knowing them to be such.
The Senate, Governor, and Council, shall have the same powers in
like cases ; provided, that no imprisonment by either, for any offence,
exceed ten days.
132 STATE OF NEW HAMPSHIRE.
The journals of the proceedings, and all the public acts of both
Houses of the Legislature, shall be printed and published immediately
after every adjournment or prorogation ; and upon motion made by any
one member, the yeas and nays, upon any question shall be entered
in the journals : And any member of the Senate, or House of Repre-
sentatives, shall have a right, on motion made at the time for that pur-
pose, to have his protest, or dissent, with the reasons, against any vote,
resolve, or bill, passed, entered on the journals.
EXECUTIVE POWER.
GOVERNOR.
THE Governor shall be chosen annually, in the month of March ;
and the votes for Governor shall be received, sorted, counted, certified
and returned, in the same manner as the votes for Senators ; and the
Secretary shall lay the same before the Senate and House of Repre-
sentatives, on the last Wednesday of October, to be by them examined ;
and in case of an election by a majority of votes through the State, the
choice shall be by them declared and published.
And the qualitications of electors of the Governor shall be the same
as those for Senators ; and if no person shall have a majority of votes,
the Senate and House of Representatives shall, by joint ballot, elect
one of the two persons having the highest number of votes, who shall
be declared Governor.
And no person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this State for seven
years next preceding, and unless he shall be of the age of thirty years,
and unless he shall, at the same time, have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold, in
his own right, within this State.
In cases of disagreement between the two Houses, with regard to the
time or place of adjournment or prorogation, the Governor, with advice of
council, shall have a right to adjourn or prorogue the General Court, not
exceeding seven months at any one time, as he may determine the public
good may require, to meet at the place where the General Court shall
be at that time sitting ; and he shall dissolve the same seven days be-
fore the said last Wednesday of October.
And, in case of any infectious distemper prevailing in the place where
the said court at any time is to convene, or any other cause, whereby
dangers may arise to the health or lives of the members from their at-
tendance, the Governor may direct the session to be holden at some
other the most convenient place within the State.
Every bill which shall have passed both Houses of the General Court,
shall, before it become a law, be presented to the Governor ; if he ap-
prove, he shall sign it, but if not, he shall return it, with his objections,
to that House in which it shall have originated, who shall enter the ob-
jections at large on their journal, and proceed to reconsider it ; if, after
such reconsideration, two thirds of that House shall agree to pass the
bill, it shall be sent, together with such objections, to the other
House, by which it shall likewise be reconsidered, and if approved
by two thirds of that House, it shall become a law. But in all such
cases the votes of both Houses shall be determined by yeas and nays,
JOURNAL OF CONVENTION. 1 33
and the names of the persons voting for or against the bill, shall be en-
tered on the journal of each House respectively. If any bill shall not
be returned by the Governor within five days (Sundays excepted) after
it shall have been presented to him, the same shall be a law, in like
manner as if he had signed it, unless the Legislature, by their adjourn-
ment, prevent its return, in which case it shall not be a law.
Every resolve shall be presented to the Governor, and, before the
same shall take effect, shall be ap]Droved by him, or being disapproved
by him, shall be repassed by the Senate and House of Representatives,
according to the rules and limitations prescribed in the case of a bill.
All judicial officers, the Attorney General, Solicitors, all Sheriffs,
Coroners, Registers of Probate, and all officers of the navy, and general
and field officers of the militia, shall be nominated and' appointed by
the Governor and Council ; and every such nomination shall be made
at least three da3-s prior to such appointment ; and no appointment shall
take place, unless a majority of the Council agree thereto. The Gov-
ernor and Council shall have a negative on each other, both in the
nominations and appointments. Every nomination and appointment
shall be signed by the Governor and Council, and every negative shall
be also signed by the Governor or Council who made the same.
The Captains and Subalterns, in the respective regiments, shall be
nominated by the field officers, and if approved by the Governor, shall
be appointed by him.
Whenever the chair of the Governor shall become vacant, by reason
of his death, absence from the State, or otherwise, the President of
the Senate shall, during such vacancy, have and exercise all the powers
and authorities which, by this Constitution, the Governor is vested
with, v/hen personally present ; but when the President of the Senate
shall exercise the office of Governor, he shall not hold his office in the
Senate.
The Governor, with advice of Council, shall have full power and
authority, in the recess of the General Court, to prorogue the same
from time to time, not exceeding seven months, in any one recess of
said Court ; and during the session of said Court, to adjourn or pro-
rogue it to any time the two Houses may desire, and to call it together
sooner than the time to which it may be adjourned, or prorogued, if
the welfare of the State should require the same.
The Governor of this State for the time being shall be commander in
chief of the army and navy, and all the military forces of the State, by
sea and land ; and shall have full power by himself, or by any chief com-
mander, or other officer, or officers, from time to time, to train, instruct,
exercise and govern the militia and navy ; and for the special defence
and safety of this State, to assemble in martial array, and put in warlike
posture, the inhabitants thereof, and to lead and conduct them, and
with them to encounter, expulse, repel, resist and pursue by force of
arms, as well by sea as by land, within and without the limits of this
State ; and also to kill, slay, destroy, if necessary, and conquer by all
fitting ways, entcrprize and means, all and every such person and per-
sons as shall, at any time hereafter, in a hostile manner, attempt or en-
terprize the destruction, invasion, detriment or annoyance of this State ;
and to use and exercise over the army and navy, and over the militia in
actual service, the law martial in time of war, invasion, and also in re-
bellion, declared by the Legislature to exist, as occasion shall necessa-
rily require : And surprize, by all ways and means whatsoever, all and
134 STATE OF NEW HAMPSHIRE.
every such person or persons, with their ships, arms, ammunition, and
other goods, as shall in a hostile manner invade, or attempt the invad-
ing, conquering, or annoying this State : And in fine, the Governor
hereby is entrusted with all other powers incident to the office of Cap-
tain-General and Commander in Chief, and Admiral, to be exercised
agreeably to the rules and regulations of the Constitution, and the laws
of the land : Provided, that the Governor shall not, at any time hereaf-
ter, by virtue of any power by this Constitution granted, or hereafter to
be granted to him by the Legislature, transport any of the inhabitants
of this State, or oblige them to march out of the limits of the same,
without their free and voluntary consent, or the consent of the General
Court, nor grant commissions for exercising the law martial in any case,
without the advice and consent of the Council.
The power of pardoning olTences, except such as persons may be con-
victed of before the Senate, by impeachment of the House, shall be in
the Governor, by and with the advice of the Council : But no charter
of pardon granted by the Governor, with advice of Council, before con-
viction, shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descriptive of the
offence or offences intended to be pardoned.
No officer duly commissioned to command in the militia shall be re-
moved from his office, but by the address of both Houses to the Gov-
ernor, or by fair trial in court-martial, pursuant to the laws of the State
for the time being.
The commanding officers of the regiments shall appoint their Adju-
tants and Quarter-Masters ; the Brigadiers, their Brigade-Majors ; the
Major-Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.
The Governor and Council shall appoint all officers of the continental
army, whom, by the confederation of the United States, it is provided
that this State shall appoint ; as also all officers of forts and garrisons.
The division of the militia into brigades, regiments, and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper division of the militia of this State, until the same shall
be altered by some future law.
No monies shall be issued out of the treasury of this State, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for
the time being, by and with the advice and consent of the Council, for
the necessary support and defence of this State, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the General Court.
All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public
property under their care respectively ; distinguishing the quantity and
and kind of each, as particularly as may be; together with the con-
dition of such forts and garrisons : And the commanding officer shall
JOURNAL OF CONVENTION. 1 35
exhibit to the Governor, when required by him, true and exact plans of
such forts, and of the land and sea, or harbor or harbors adjacent.
The Governor and Council shall be compensated for their services,
from time to time, by such grants as the General Court shall think
reasonable.
Permanent and honorable salaries shall be established by law, for
the Justices of the Superior Court.
COUNCIL.
There shall be annually elected, by ballot, five Councillors, for ad-
vising the Governor in the executive part of government. The free-
holders and other inhabitants in each county, qualified to vote for Sen-
ators, shall, some time in the month of March, give in their votes for
one Councillor; which votes shall be received, sorted, counted, certi-
fied, and returned to the Secretary's office, in the same manner as the
votes for Senators, to be by the Secretary laid before the Senate and
House of Representatives on the last Wednesday of October.
And the person having a majority of votes in any county, shall be
considered as duly elected a Councillor : But if no person shall have a
majority of votes in any county, the Senate and House of Representa-
tives shall take the names of the two persons who have the highest num-
ber of votes in each county, and not elected, and out of those two shall
elect, by joint ballot, the Councillor wanted for such county.
Provided nevertheless^ That no person shall be capable of being
elected a Councillor, who has not an estate of the value of five hundred
pounds within this State, three hundred pounds of which (or more)
shall be a freehold in his own right ; and who is not thirty years of age ;
and who shall not have been an inhabitant of this State for seven years
immediately preceding his election; and, at the time of his election, an
inhabitant of the county in which he is elected.
The Secretary shall, annually, seventeen days before the last Wednes-
day of October, give notice of the choice of the persons elected.
if any person shall be elected Governor, or member of either branch
of the Legislature, and shall accept the trust; or if any person, elected
a Councillor, shall refuse to accept the office ; or in case of the death,
resignation, or removal of any Councillor out of the State ; the Gov-
ernor may issue a precept for the election of a new Councillor in that
county where such vacancy shall happen ; and the choice shall be in
the same manner as before directed : And the Governor shall have full
power and authority to convene the Council, from time to time, at his
discretion; and, with them, or the majority of them, may, and shall,
from time to time, hold a Council, for ordering and directing the affairs
of the State, according to the laws of the land.
The members of the Council may be impeached by the House, and
tried by the Senate, for bribery, corruption, mal-practice, or mal-ad-
ministration.
The resolutions and advice of the Council shall be recorded by the
Secretarv, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
House of the Legislature ; and any member of the Council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.
136 STATE OF NEW HAMPSHIRE.
The Legislature may, if the public good shall hereafter require it,
divide the State into hve districts, as nearly equal as may be, govern-
ing themselves by the number of rateable polls, and proportion of pub-
lic taxes; each district to elect a Councillor: And, in case of such
division, the manner of the choice shall be comformable to the present
mode of election in counties.
And whereas the elections, appointed to be made by this Constitu-
tion, on the last Wednesday of October annually, by the two Houses
of the Legislature, may not be completed on that day, the said elections
may be adjourned from day to day, until the same may be completed ;
And the order of the elections shall be as follows — the vacancies in the
Senate, if any, shall be first filled up : The Governor shall then be
elected, provided there shall be no choice of him by the people : And
afterwards, the two Houses shall proceed to fill up the vacancy, if any,
in the Council.
SECRETARY, TREASURER, COMMISSARY-GENERAL, &c.
THE Secretary, Treasurer, and Commissary-General shall be chosen
by joint ballot of the Senators and Representatives assembled in one
room .
The records of the State shall be kept in the ofiice of the Secretary,
and he shall attend the Governor and Council, the Senate and Repre-
sentatives, in person, or by Deputy, as they may require.
The Secretary of the State shall, at all times, have a Deputy, to be
by him appointed ; for whose conduct in office he shall be responsible ;
And in case of the death, removal, or inability, of the Secretary, his
Deputy shall exercise all the duties of the office of Secretary of this
State, until another shall be appointed.
The Secretary, before he enters upon the business of his office, shall
give bond, with sufficient sureties, in a reasonable sum, for the use of
the State, for the punctual performance of his trust.
COUNTY TREASURER, &C.
The County Treasurers, and Registers of Deeds, shall be elected by
the inhabitants of the several towns, in the several counties in the
State, according to the method now practised, and the laws of the
State.
Provided 7ievertheless, The Legislature shall have authority to alter
the manner of certifying the votes, and the mode of electing those offi-
cers ; but not so as to deprive the people of the right they now have of
electing them.
And the Legislature, on the application of the major part of the in-
habitants of any county, shall have authority to divide the same, into
two districts for registering deeds, if to them it shall appear necessary;
each district to elect a Register of Deeds : And before they enter upon
the business of their offices, shall be respectively sworn faithfully to
discharge the duties thereof, and shall severally give bond, with suffi-
cient sureties, in a reasonable sum, for the use of the county, for the
punctual performance of their respective trusts.
JOURNAL OF CONVENTION. 1 37
JUDICIARY POWER.
It shall be the duty of the General Court to make a reform in the Ju-
diciary System, that justice may be administered in a more cheap and
expeditious manner than is now practised, and that no party shall have
a review after the cause has been determined against him twice by Jury.
The General Court are hereby empowered to make alterations in the
power and jurisdiction of the Courts of Common Pleas, and General
Sessions of the Peace, respectively; or, if they shall judge it necessa-
ry for the public good, to abolish those Courts, or either of them, and
invest such other Courts as they may establish, with the jurisdiction
and powers now vested in the Courts of Common Pleas, and Courts of
General Sessions of the Peace, as the General Court may, from time
to time, judge expedient for the due administration of law and justice.
And it shall be the duty of the General Court, to vest in such Court or
Courts of law as to them may appear expedient, the power of granting
new trials, or a trial after judgment, either upon verdict of a Jury, de-
fault, nonsuit, or complaint, for affirmation of judgment, in all cases
where substantial justice has not been done, except as before excepted,
in such manner, and under such restrictions and regulations, as to the
General Court may appear for the public good : Provided application be
made for such review or trial within one year from the rendition of
judgment.
For the more effectually preserving the proper separation of the three
great powers of government, agreeably to the 37''^ Article in the Bill
of Rights, the power of hearing and deciding in causes of equity, shall
be vested either in some Judicial Court or Courts, or in some Court to
be established specially for that purpose : Provided no power shall be
granted to any such Courts, incompatible with the Bill of Rights and
Constitution. And the powers of said Courts shall be limited and de-
fined by express laws : And no suit in equity shall be sustained where
clear and adequate remedy may be had at law.
The General Court are empowered to give to Justices of the Peace,
jurisdiction in civil causes, w^hen the damages demanded shall not ex-
ceed /o?^r ^ou /ids, and title of real estate is not concerned; but with
right of appeal, to either party, to some other Court, so that a trial by
Jury in the last resort may be had.
No person shall hold the office of Judge of any Court, or Judge of
Probate, or Sheriff of any county, after he has attained the age of
seventy years.
No Judge of any Court, or Justice of the Peace, shall act as Attorney,
or be of counsel, to any party, or originate any civil suit, in matters
which shall come or be brought before him as Judge, or Justice of the
Peace,
All matters relating to the probate of wills, and granting letters of
administration, shall be exercised by the Judges of Probate, in such
manner as the Legislature have directed, or may hereafter direct : And
the Judges of Probate shall hold their Courts at such place or places,
on such fixed days, as the conveniency of the people may require, and
the Legislature from time to time appoint.
No Judge, or Register of Probate, shall be of counsel, act as advo-
cate, or receive any fees as advocate or counsel, in any probate business
which is pending, or may be brought into any Court of Probate in the
county of which he is Judge or Register.
138 STATE OF NEW HAMPSHIRE.
CLERKS OF COURT.
The Judges of the Courts (those of Probate excepted) shall appoint
their respective Clerks, to hold their office during pleasure : And no
such clerk shall act as an attorney, or be of counsel, in any cause in
the Court of which he is Clerk, nor shall he draw any writ originating a
civil action.
ENCOURAGEMENT OF LITERATURE, &c.
Knowledge and learning, generally diffused through a community,
being essential to the preservation of a free government ; and spread-
ing the opportunities and advantages of education through the various
parts of the country, being highly conducive to promote this end ; it
shall be the duty of the legislators and magistrates, in all future periods
of this government, to cherish the interest of literature and the sciences,
and all seminaries and public schools, to encourage private and public
institutions, rewards and immunities for the promotion of agriculture,
arts, sciences, commerce, trades, manufactures, and natural history of
the country ; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and (Econ-
omy, honesty and punctuality, sincerity, sobriety, and all social affec-
tions, and generous sentiments, among the people.
OATH and S?(bscriptiofis ; Exxhision from Offices; Coviviissions ;
Wi'its ; Co}iJir7nation of Laws ; Habeas Corpi/s ; tJie Enacting Stile ;
Continuance of Officers ; Provision for a future Revision of the Con-
stitution, &^c.
Any person chosen Governor, Councillor, Senator, or Representative,
military or civil officer, (town officers excepted) accepting the trust, shall,
before he proceeds to execute the duties of his office, make and subscribe
the following declaration, viz.
I, A. B., do solemnly swear, that I will bear faith and true allegiance
to the State of New Hampshire, and will support the Constitution there-
of. So help me God.
I, A. B., do solemnly and sincerely sw^ar and affirm, that I will faith-
fully and impartially discharge and perform all the duties incumbent on
me as according to the best of my abilities, agreeably to the rules
and regulations of this Constitution, and the laws of the State of New
Hampshire. So help me God.
Any person having taken and subscribed the oath of allegiance, and
the same being filed in the Secretary''s office, he shall not be obliged to
take said oath again.
Provided always. When any person chosen or appointed as aforesaid,
shall be of the denomination called Quakers, or shall be scrupulous of
swearing, and shall decline taking the said oaths, such shall take and
subscribe them, omitting the word swear, and likewise the w'ords So
help me God, subjoining instead thereof, TJiis I do under tJie pains and
penalties of perjury.
And the oaths or affirmations shall be taken and subscribed by the
Governor, before the President of the Senate, in presence of both
Houses of the Legislature, and by the Senators and Representatives
first elected under this Constitution, as altered and amended, before the
JOURNxVL OF CONVENTION. 1 39
President of the State, and a majority of the Council then in office, and
forever afterwards before the Governor and Council for the time being ;
and by all other officers, before such persons, and in such manner, as
the Legislature shall from time to time appoint.
All commissions shall be in the name of the State of New Hamp-
shire, signed by the Governor, and attested by the Secretary, or his
Deputy, and shall have the great seal of the State affixed thereto.
All writs issuing out of the Clerk's office in any of the Courts of Law
shall be in the name of the State of New Hampshire ; shall be under
the seal of the Court w'hence they issue, and bear test of the chief,
first, or senior Justice of the Court ; but when such Justice shall be
interested, then the writ shall bear test of some other Justice of the
Court, to which the same shall be returnable ; and be signed by the
Clerk of such Court.
All indictments, presentments, and informations, shall conclude,
against the peace and dignity of the State.
The estates of such persons as may destroy their own lives, shall not
for that offence be forfeited, but descend or ascend in the same man-
ner, as if such persons had died in a natural way. Nor shall any article,
which shall accidentally occasion the death of any person, he hence-
forth deemed a deodand, or in any wise forfeited on account of such
misfortune.
All the laws which have heretofore been adopted, used, and approv-
ed, in the Province, Colony or State of New Hampshire, and usually
practised on in the Courts of Law, shall remain and be in full force,
until altered and repealed by the Legislature ; such parts thereof only
excepted, as are repugnant to the rights and liberties contained in this
Constitution : Provided that nothing herein contained, when compared
with the 23d Article in the Bill of Rights, shall be construed to aiTect
the laws already made respecting the persons, or estates, of absentees.
The privilege and benefit of the Habeas Corpus, shall be enjoyed in
this State, in the most free, easy, cheap, expeditious, and ample man-
ner, and shall not be suspended by the Legislature, except upon the
most urgent and pressing occasions, and for a time not exceeding three
months.
The enacting stile in making and passing acts, statutes, and laws,
shall be — Be it enacted by the Senate and House of Representatives, in
General Court convened.
No Governor, or Judge of the Supreme Judicial Court, shall hold
any office or place under the authority of this State, except such as by
this Constitution they are admitted to hold, saving that the Judges of
the said Court may hold the offices of Justice of the Peace throughout
the State ; nor shall they hold any place or office, or receive any pen-
sion or salary, from any other State, government, or power, whatever.
No person shall be capable of exercising, at the same time, more
than one of the following offices within this State, viz. Judge of Pro-
bate, Sheriff, Register of Deeds ; and never more than two offices of
profit, which may be held by appointment of the Governor, or Gov-
ernor and Council, or Senate and House of Representatives, or Su-
perior or Inferior Courts; military offices, and offices of Justices of the
Peace, excepted.
No person holding the office of Judge of any Court, (except Special
Judges) Secretary, Treasurer of the State, Attorney-General, Commis-
140 STATE OF NEW HAMPSHIRE.
sary-General, military officers receiving pay from the continent or this
State, (excepting officers of the militia, occasionally called forth on an
emergency) Register of Deeds, Sheriff, or officers of the customs, in-
cluding naval officers, Collectors of excise, and State and continental
taxes, hereafter appointed, and not having setded their accounts with
the respective officers with whom it is their duty to settle such accounts,
members of Congress, or any person holding any office under the United
States, shall at the same time hold the office of Governor, or have a
seat in the Senate, or House of Representatives, or Council ; but his
being chosen and appointed to, and accepting the same, shall operate
as a resignation of their seat in the chair, Senate, or House of Repre-
sentatives, or Council ; and the place so vacated shall be filled up. No
member of the Council shall have a seat in the Senate or House of
Representatives.
No person shall ever be admitted to hold a seat in the legislature, or
any office of trust or importance under this government, who, in the due
course of law, has been convicted of bribery or corruption, in obtain-
ing an election or appointment.
In all cases where sums of money are mentioned in this Constitution,
the value thereof shall be computed in silver at six shillings and eight
pence per ounce.
To the end that there may be no failure of justice, or danger to the
State, by the alterations and amendments made in the Constitution,
the General Court is hereby fully authorized and directed to fix the
time when the alterations and amendments shall take effect, and make
the necessary arrangements accordingly.
It shall be the duty of the Selectmen, and assessors, of the several
towns and places in this State, in warning the first annual meeting for
the choice of Senators, after the expiration of seven years from the
adoption of this Constitution, as amended, to insert expressly in the
warrant, this purpose, among the others for the meeting, to wit, to take
the sense of the qualified voters on the subject of a revision of the
Constitution ; and the meeting being warned accordingly, and not other-
wise, the Moderator shall take the sense of the qualified voters present,
as to the necessity of a revision ; and a return of the number of votes
for and against such necessity, shall be made by the Clerk, sealed up,
and directed to the General Court, at their then next session ; and if it
shall appear to the General Court by such return, that the sense of the
people of the State has been taken, and that, in the opinion of the
majority of the qualified voters in the State, present and voting at said
meetings, there is a necessity for a revision of the Constitution, it shall
be the duty of the General Court to call a Convention for that purpose,
otherwise the General Court shall direct the sense of the people to be
taken, and then proceed in the manner before mentioned. The delegates
to be chosen in the same manner, and proportioned, as the Representa-
tives to the General Court ; provided that no alterations shall be made
in this Constitution, before the same shall be laid before the towns and
unincorporated places, and approved by two thirds of the qualified vot-
ers present and voting on the subject.
^ And the same method of taking the sense of the people, as to a revi-
sion of the Constitution, and calling a Convention for that purpose, shall
be observed afterwards, at the expiration of every seven years.
This form of government shall be enrolled on parchment, and de-
JOURNAL OF CONVENTION.
141
posited in the Secretary's office, and be a part of the laws of the land;
and printed copies thereof shall be prefixed to the books containing the
laws of this State, in all future editions thereof.
Attest, JOHN CALFE, Secretary.
JOHN PICKERING.
President, P. T.
Wednesday, May 30^^ 1792.
Convention met according to adjournment.
Proceeded to the choice of a Committee for examining the
Returns from the several Towns, and Mr. Calfe, Mr. Plum-
mer & INIr. Thompson were chosen to report on said Re-
turns.
Adjourned to 9 o'clock to-morrow morning.
Thursday May 31^*, 1792.
Convention met according to adjournment. (The Com-
mittee not being ready to report) adjourned to 3 o'clock p. m.
Met accordingly. Adjourned to 9 o'clock to-morrow morn-
ing.
Friday, June i^^ 1792.
Convention met according to adjournment.
The Committee appointed to examine the returns from
the several Towns and report thereon, Reported in the fol-
lowing words, viz.
[p. 133.] "Your Committee have carefully entered and cast all the
votes of the several Towns in this State agreeably to the numbers re-
turned by the respective clerks for and against the amendments to the
Constitution, and find them accepted or rejected as stated in the follow-
ing: list or schedule.
[A two-tliirds vote was necessary
ment. — Ed.]
for the acceptance of an amend-
No. I
2
3
4
5
6
7
8
9
10
u
For
994
3760
3567
3336
2511
30S0
1627
4205
4330
2I2<S
Against.
3993 .... Rejected
293. . . .Accepted
462 Do.
594 Do.
1554 .Rejected
969.. . .Accepted
914 Do.
2226 Rejecf^.
219. . . .Accepted
144 Do
1846 Reject^.
12
13
14
15
16
For
2407
2624
2300
2542
17 2763
2343
2329
2693
22 2946
18
19
20
21
Against.
1478 Rejecf^.
1219. . . .Accepted
1 102 Do.
1500 Reject'^
1 1 74 Accepted
1065 AcctP^.
1 541 Reject^
1657 Rejct*^
1191 Reje*^.
1034 Accepted
813 Do.
142
STATE OF NEW HAMPSHIRE.
24
25
26
27
28
29
30
33
34
35
36
37
38
39
40
134.]
41
42
43
44
45
46
47
For
2565
2868
2406
2653
28S3
30S7
2018
2475
2203
1920
2659
2319
2183
2327
2077
2422
2467
2104
22S7
2553
1929
2102
2356
4623
2384
Against.
. 1007. .
. 800 . .
.1255 .
. II20. .
. 489..
. 460.,
.1769.
. I I 63 . .
.1454.
. 161 I .
.1081..
.1258 .
•i33<^-
. 1 196 .
.1558.
.1113..
. 1220..
. 1270 .
•1336.
.1044..
.1584.
.1320.
. II 13..
. 820..
. 1092..
.Accepted
......Do.
.Rejected
.Accepted
Do.
Do.
.Rejected
.Accepted
.Rejected
.Rejected
.Accepted
.Rejected
.Rejected
.Rejected
.Rejected
• Accepted
......Do.
.Rejected
.Rejected
.Accepted
• Rejected
.Rejected
• Accepted
Do.
Do-
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
For
116^
2748
32S4
2391
2869
3III
2168
1540
2156
1883
2228
2607
3140
2899
3268
2540
2905
2852
3037
3085
2244
2127
2499
3104
3327
Against.
. .1248 Rejected
. . 649.. . .Accepted
.. 3T^ Do.
. • 1019 Do.
. . 714 Do.
. . 426 Do.
. . 1368 . . . .Rejected
. . 191 1 Rejected
. . 1 192 . Rejected
• . 1340 Rejected
. . 1 103 Accepted
. . 912 Do.
. • 499 Do.
. . 450 Do.
. . 294 Do.
. . 404 Do.
.. 439 Do.
. . 302 Do.
. . 300 Do.
• • 205 Do.
. . 907 Do^
.. 682 Do.
.. 867 Do.
. . 226 Do.
.. 187 Do.
John Calfe
Eben'. Thompson
Wm. Plummer.
Voted, that Mr. Plummer, Mr. Thompson, Mr. Jere^' Smith
and Mr. Freeman be a Committee to take under considera-
tion what is necessary to be done by the Convention with
the Constitution, and the Report of the Committee this day
made upon the amendments proposed : and report thereon.
Adjourned to 4 o'clock p. m. Met accordingly.
The Committee not being ready to report, Convention ad-
journed to 8 o'clock to-morrow morning.
Saturday, June 2^\ 1792.
Convention met according to adjournment.
The Committee to take under consideration what is nec-
essary to be done by the Convention with the Constitution
and the Report of the Committee this day made upon the
amendments proposed ; — Reported in the following words,
(viz.)
"Your Committee have carefully compared the several articles of
amendments that are approved of by the people with the Constitution,
and it appears that under the head Senate, the people have directed the
Sign'd
JOURNAL OF CONVENTION. 1 43
Senate to elect their own President, and authorized him to fill the chair
of Governor when vacant, but when he exercises the office of Governor
he shall not hold the office of President of the Senate : That they have
made some additions to the Constitution under this head, but have not
altered the number of Senators or the mode of their election.
"That under the head of Executive Power, the Stile of the Chief
[p. 136.] Magistrate is changed from President to Governor ; That he
is not to preside in the Senate, but by the Constitution is to have a vote
there with any other Senator, and a casting vote in case of a tie.
"That the paragraphs under the head Council in the Constitution are
not expunged, yet several paragraphs of the Amendments are approved
of that seem to recognize the election of Counsellors by the people and
not by the Legislature ; and that the people by a clause agreed upon in
the Exclusion bill, have expressly prohibited the members of the Coun-
cil from having a seat in the Legislature.
"That as to the other Articles of Amendments that are approved of,
it appears that they are not inconsistent with the Constitution, except
such parts of it as are thereby repealed : Your Committee therefore sub-
mit it to the consideration of the Convention, whether it is not neces-
sary that some further articles of amendments respecting the Governor
and Council should be again submitted to the people for their approba-
tion.
Sign"! Wm, Plumer, for the Committee."
[p. 137.] Voted That the Convention Resolve themselves
into a Committee of the whole, to take under consideration
the Report of the Committee last mentioned. The Hon^^^
Timothy Walker Esq^. in the chair.
The Committee of the whole, having taken under consider-
ation the Report of the Select Committee, after debate
thereon came to the following resolution, — (viz.)
Resolved, that it is the opinion of this Committee that
amendments to the Constitution be sent out to the people of
this State for their approbation, — the amendments by the
returns made to this Convention having been found on ex-
amination to be inconsistent with the Constitution and with
each other.
The Committee then rose and the President took the
chair. Report was then made by the Chairman to the Presi-
dent & Convention of the proceedings of the Committee of
the whole : — which report was received and accepted.
Motion was then made to appoint a Committee for the
purpose of draughting such amendments as may be judged
necessary to be sent out to the people ; which motion ob-
tained, and that the s'^ Com^^'^ consist of seven. The ballots
[p. 138.] being taken and counted, Mr. Plummer, Mr. Walker,
Mr. Jere'\ Smith, Mr. Atherton, Mr. Thompson, Mr. New-
comb and Mr. Livermore were appointed the Committee.
Adjourned to Monday next at lO o'clock, a. m.
144 STATE OF NEW HAMPSHIRE.
Monday June 4, 1792.
Convention met according to adjournment.
The Committee appointed on Saturday last, reported
(verbally) that a majority of the Committee were of opinion
that the seeming inconsistency mentioned in the Report of
the Committee of Saturday last, may be fairly reconciled,
and therefore requested to be discharged. Motion being
made and seconded for that purpose, it was put and the
Committee discharged.
Motion was then made that such part of the amendments
as are contained under the head Executive Power, as hereto-
[p. 139.] fore sent out to the people, be again sent out for
their acceptance, or rejection, with the alterations of the last
Wednesday of October to the i^* Wednesday of June — which
motion prevailed.
Adjourned to 3 o'clock, p. m. Met accordingly.
Motion was made that such part of the amendments as
are contained under the head Council, as heretofore sent out
to the people, with the alterations from the last Wednesday
of October to the first Wednesday of June, and adding to
what was then N**. forty-two, the following words : " And the
qualifications for Counsellors shall be the same as for Sena-
tors : " and in the forty-fifth Number, the words, "be thus
chosen a counsellor " to follow the word " person," be
added, and the numbers forty-three and forty-four left out as
rejected by the people — which motion prevailed.
Resolved, That a Committee be chosen to consider what
further amendments to the Constitution are necessary to be
sent out to the people. The Committee appointed are, Mr.
Page (Charlestown) Mr. Hoit, & Mr. Livermore of Ports-
mouth, and that they prepare an address to accompany the
amendments.*
Adjourned to 7 o'clock to-morrow morning.
[p. 140.] Tuesday, June 5^^ 1792.
Convention met according to adjournment.
The Committee appointed to consider what further amend-
ments are necessary to be sent out to the people, reported
in the following words :
"The Committee to whom was referred to consider what further
amendments to the Constitution are necessary to be sent to the People,
&c. Report the following Articles, viz.
*The editor has searched in vain for an address as ordered to be sent out to the people.
JOURNAL OF CONVENTION. 1 45
[p. 142.] SENATE.
The Senate shall consist of twelve members, who shall hold their
office for one year, from the first Wednesday of June next ensuing
their election.
[p. 143.] And that the State may be equally represented in the Senate,
the Legislature shall, from time to time, divide the State into twelve
districts, as nearly equal as may be without dividing tow^ns and unin-
corporated places ; and in making this division, they shall govern them-
selves by the proportion of direct taxes paid by the said districts, and
timely make known to the inhabitants of the State the limits of each
district.
The freeholders and other inhabitants of each district, qualified as in
this Constitution is provided, shall annually give in their votes for a
Senator, at some meeting holden in the month of March.
The Senate shall be the first branch of the Legislature ; and the Sen-
ators shall be chosen in the following manner, viz. Every male inhabi-
tant, of each town, and parish with town privileges, and places unincor-
porated, in this State, of twenty-one years of age and upwards, excepting
paupers, and persons excused from paying taxes at their own request,
shall have a right, at the annual or other meetings of the inhabitants of
said towns and parishes, to be duly warned and holden annually forever
in the month of March, to vote in the town or parish wherein he dwells,
for the Senator in the district whereof he is a member,
[p. 144.] Provided nevertheless. That no person shall be capable of
being elected a Senator, who is not of the Protestant religion, and seized
of a freehold estate, in his own right, of the value of two hundred pounds,
l3*ing within this State, who is not of the age of thirty }-ears, and who
shall not have been an inhabitant of this State for seven years immedi-
ately preceding his election, and at the time thereof he shall be an
inhabitant of the district for which he shall be chosen.
And every person, qualified as the Constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this State, in the town, parish, and plan-
tation, where he dwelleth and hath his home.
And the inhabitants of plantations and places unincorporated, quali-
fied as this Constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of government, or shall be
taxed therefor, shall have the same privilege of voting for Senators, in
the plantations and places wherein they reside, as the inhabitants ot the
respective towns and parishes aforesaid have. And the meetings ot such
plantations and places for that purpose, shall be holden annually in the
[p. 145.] month of March, at such places respectively therein as the as-
sessors thereof shall direct ; which assessors shall have like authority
for notifying the electors, collecting and returning the votes, as the
Selectmen and Town Clerks have in their several towns by this Consti-
tution.
The meetings for the choice of Governor, Council, and Senators,
shall be warned by warrant from the Selectmen, and governed by a Mod-
erator, who shall, in the presence of the Selectmen, (whose duty it shall
be to attend) in open meeting, receive the votes of all the inhabitants of
such towns and parishes present, and qualified to vote for Senators ; and
shall, in said meetings, in presence of the said Selectmen and of the Town
Clerk, in said meeting, sort and count the said votes, and make a public
10
146 STATE OF NEW HAMPSHIRE.
declaration thereof, with the name of every person voted for, and the
number of votes for each person : And the Town Clerk shall make a
fair record of the same at large, in the town book, and shall make out a
fair attested copy thereof, to be by him sealed up and directed to the
Secretary of the State, with a superscription expressing the purport
thereof: And the said Town Clerk shall cause such attested copy to be
delivered to the sheriff of the county in which such town or parish
[p. 146.] shall lie, thirty days at least before the first Wednesday of June ;
or to the Secretary of the State at least twenty days before the first
Wednesday of June : And the Sheriff" of each county, or his Deputy,
shall deliver all such certificates by him received, into the Secretary's
office, at least twenty days before the first Wednesday of June.
And, that there may be a due meeting of Senators on the first
Wednesday of June annually, the Governor and a majority of the
Council for the time being, shall, as soon as may be, examine the re-
turned copies of such records, and fourteen days before the said first
Wednesday of June, he shall issue his summons to such persons as
appear to be chosen Senators, by a majority of votes, to attend and take
their seats on that day.
Provided nevertheless, That for the first year the said returned copies
shall be examined by the President, and a majority of the Council then
in office ; and the said President shall, in like manner, notify the per-
sons elected, to attend and take their seats accordingly.
And in case there shall not appear to be a Senator elected, by a ma-
jority of votes, for any district, the deficiency shall be supplied in the
[p. 147.] following manner, viz. The members of the House of Repre-
sentatives, and such Senators as shall be declared elected, shall take
the names of the two persons having the highest number of votes m
the district, and out of them shall elect, by joint ballot, the Senator
wanted for such district ; and in this manner all such vacancies shall
be filled up, in every district of the State ; and in like manner all va-
cancies in the Senate, arising by death, removal out of the State, or
otherwise, shall be supplied, as soon as may be after such vacancies
happen.
The Senate shall be final judges of the elections, returns, and qualifi-
cations, of their own members, as pointed out in this Constitution.
The Senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time.
Provided nevertheless. That whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they
may think proper, although the Legislature be not assembled on such
day, or at such place.
The Senate shall appoint their President, and other officers, and deter-
mine their own rules of proceedings : And not less than seven members of
[p. 148.] the Senate shall make a quorum for doing business ; and when
less than eight Senators shall be present, the assent of five, at least, shall
be necessary, to render their acts and proceedings valid.
The Senate shall be a Court, with full power and authority to hear, try,
and determine, all impeachments made by the House of Representatives
against any officer or officers of the State, for bribery, corruption, mal-
practice, or mal-administration, in office, with full power to issue sum-
mons or compulsory process, for convening witnesses before them : But
previous to the trial of any such impeachment, the members of the
JOURNAL OF CONVENTION. 1 4/
Senate shall respectively be sworn truly and impartially to try and de-
termine the charge in question, according to evidence. And every
officer, impeached for bribery, corruption, mal-practice, or mal-admin-
istration, in office, shall be served with an attested copy of the im-
peachment, and order of Senate thereon, with such citation as the
Senate may direct, setting forth the time and place of their sitting to
try the impeachment ; which service shall be made by the sheriff, or
such other sworn officer as the Senate may appoint, at least fourteen
[p. 149.] days previous to the time of trial; and such citation being duly
served and returned, the Senate may proceed in the hearing of the
impeachment, giving the person impeached, if he shall appear, full
liberty of producing witnesses and proofs, and of making his defence,
by himself and counsel ; and may also, upon his refusing or neglect-
ing to appear, hear the proofs in support of the impeachment, and render
judgment thereon, his non-appearance notwithstanding ; and such judg-
ment shall have the same force and effect as if the person impeached had
appeared and pleaded in the trial. Their judgment, however, shall not
extend further than removal from office, disqualification to hold or enjoy
any place of honor, trust, or profit under this State ; but the party so
convicted, shall nevertheless be liable to indictment, trial, judgment, and
punishment, according to the laws of the land.
Whenever the Governor shall be impeached, the Chief Justice of
the Supreme Judicial Court shall, during the trial, preside in the Senate,
but have no vote therein.
[p. 151.] The Committee find that the following articles of amend-
ments being approved by the people, are so unconnected with other ar-
ticles that there is no necessity for again submitting them to the people
[p. 152.] to be voted upon, viz.
The 2, 3, 4, 6, 7, 9, 10, 26, 27, 28, 39, 49, 50, 51, 52, 53, 58, 59, 60,
61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72.
The Committee are of opinion that the Articles last mentioned be
printed, that the People may be informed what is already ratified, and
that the amendments now to be sent out be printed with the following
Certificate at the end, viz.
I town clerk of do certify that at a legal
meeting duly warned and held in the town of in the county
of this day of Anno Domini, 1792, for the pur-
pose of considering the foregoing amendments to the Constitution of
the State of New Hampshire, as agreed upon in Convention, that there
[p. 1 53] were voters present who voted for the amendments and
voters present who voted against the amendments.
Attest, Town Clerk,
The Committee are further of opinion that the following Resolve be
printed with the amendments to be sent out, viz.
In Convention held at Concord the last Wednesday of May 1792, by
adjournment :
Whereas upon examining the returns from the several Towns & unin-
corporated places, it appears that under the heads Senate, Governor &
Council many articles are approved by two thirds of the voters, and
many are not approved ; by reason whereof said amendments are ren-
[p. 154.] dered inconsistant &. contradictory, and the Convention not
148 STATE OF NEW HAMPSHIRE.
having the power to reject what has been approved by the People as
aforesaid : —
Therefore Resolved, that Articles be again sent out to be laid before
the several towns and unincorporated places, on the 27'^ day of August
next, that the whole may be approved or rejected ; and that return
thereof be made to the Convention on the 5'*^ day of Sept, next, and
that the articles which have been already approved by more than two
thirds of the voters, and not inconsistant or contradictory, be printed,
that it may be known what articles have been ratified by the People ;
and
Whereas, if the articles now sent out are not approved by two thirds
[p. 155.] of the qualified voters, the last clause in the exclusion bill,
which is in the words following, — "No member of the Council shall
have a seat in the Senate or House of Representatives," will be repug-
nant to other parts of the Constitution : — Therefore
Resolved, That an article be sent out for expunging said clause.
The Committee also report an Article for expunging part of the ex-
clusion bill, which is as follows, viz.
The last clause in the exclusion bill which is in the words following,
viz. " No member of the Council shall have a seat in the Senate or
House of Representatives," shall be expunged,
[p. 156.] All which is respectfully submitted, by
Wm. Page,
for the Committee.
Which report was read and considered, Rec'^ and accepted.
Resolved that a committee be appointed to report to the
Convention, that part of the amendments to be sent out to
the people, under the head Executive, agreeably to the
votes of the Convention.
The Committee, Mr. Plummer, Mr. Smith of Peterboro'
and Mr. Livermore of Portsmouth.
The above named Committee reported in the following
words :
EXECUTIVE POWER.
GOVERNOR.
There shall be a Supreme Executive Magistrate, who shall be stiled
the Governor of the State of New Hampshire, and whose title
shall be his Excellency.
[p. 158.] The Governor shall be chosen annually, in the month of
March ; and the votes for Governor shall be received, sorted, counted,
certified, and returned, in the same manner as the votes for Senators ;
and the Secretary shall lay the same before the Senate and House of
Representatives, on the first Wednesday of June, to be by them ex-
amined ; and in case of an election by a majority of votes through
the State, the choice shall be by them declared and published.
And the qualifications of electors of the Governor shall be the same
[p. 159.] as those for Senators ; and if no person shall have a majority
of votes, the Senate and House of Representatives shall, by joint ballot,
JOURNAL OF CONVENTION. I49
elect one of the two persons having the highest number of votes, who
shall be declared Governor.
And no person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this State for seven
years next preceding, and unless he shall be of the age of thirty years,
and unless he shall, at the same time, have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold, in
his own right within this State, and unless he shall be of the Protestant
religion.
In cases of disagreement between the two houses, with regard to the
time or place of adjournment or prorogation, the Governor, with advice
of Council, shall have a right to adjourn or prorogue the General Court,
not exceeding ninety days at any one time, as he may determine the
public good may require, and he shall dissolve the same seven days
before the said first Wednesday of June.
And in case of any infectious distemper prevailing in the place where
[p. 160.] the said Court at any time is to convene, or any other cause,
whereby dangers may arise to the health or lives of the members from
their attendance, the Governor may direct the session to be holden at
some other the most convenient place within the State.
Every bill which shall have passed both Houses of the General
Court, shall, before it become a law. be presented to the Governor, if
he approve, he shall sign it, but if not, he shall return it, with his ob-
jections, to that house in which it shall have originated, who shall enter
the objections at large on their Journal, and proceed to reconsider it;
if, after such reconsideration, two thirds of that House shall agree to
pass the bill, it shall be sent, together with such objections, to the other
House, by which it shall likewise be reconsidered, and if approved by
two thirds of that House, it shall become a law. But in all such cases
the votes of both Houses shall be determined by yeas and nays, and
the names of the persons, voting for or against the bill, shall be entered
on the Journal of each house respectively. If any bill shall not be re-
turned by the Governor, within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law% in like man-
ner as if he had signed it, unless the Legislature, by their adjournment,
[p. 161.] prevent its return, in which case it shall not be a law'.
Every resolve shall be presented to the Governor, and, before the same
shall take eff'ect, shall be approved by him, or being disapproved by
him, shall be repassed by the Senate and House of Representatives,
according to the rules and limitations prescribed in the case of a bill.
All judicial officers, the Attorney General, Solicitors, all Sheriffs,
Coroners, Registers of Probate, and all officers of the navy, and general
and field officers of the militia, shall be nominated and appointed by the
Governor and Council ; and every such nomination shall be made at least
three days prior to such appointment ; and no appointment shall take
place, unless a majority of the Council agree thereto. The Governor and
Council shall have a negative on each other, both in the nominations and
appointments. Every nomination and appointment shall be signed by
the Governor and Council, and every negative shall be also signed by the
Governor or Council who made the same.
The Captains and Subalterns, in the respective regiments, shall be
nominated and recommended by the field officers, to the Governor,
who is to issue their commissions immediately on receipt of such
recommendation.
150 STATE OF NEW HAMPSHIRE.
[p. 162.] Whenever the chair of the Governor shall become vacant,
by reason of his death, absence from the State, or otherwise, the Presi-
dent of the Senate shall, during such vacancy, have and exercise all
the powers and authorities, which by this Constitution, the Governor is
vested with, when personally present ; but when the President of the
Senate shall exercise the office of Governor, he shall not hold his office
in the Senate.
The Governor, with advice of Council, shall have full power and au-
thority, in the recess of the General Court, to prorogue the same from
time to time, not exceeding ninety days, in any one recess of said
Court ; and during the session of said Court, to adjourn or prorogue it
to any time the two Houses may desire, and to call it together sooner
than the time to which it may be adjourned, or prorogued, if the wel-
fare of the State should require the same.
The Governor of this State for the time being shall be commander
in chief of the army and navy, and all the military forces of the State,
by sea and land : and shall have full power by himself, or by any chief
commander, or other officer, or officers, from time to time, to train,
[p. 163.] instruct, exercise and govern the militia and navy; and for
the special defence and safety of this State, to assemble in martial
array, and put in warlike posture, the inhabitants thereof, and to lead
and conduct them, and with them to encounter, expulse, repel, resist
and pursue by force of arms, as well by sea as by land, within and with-
out the limits of this State ; and also to kill, slay, destroy, if necessary,
and conquer by all fitting ways, enterprize and means, all and every
such person and persons as shall, at any time hereafter, in a hostile
manner, attempt or enterprize the destruction, invasion, detriment or
annoyance of this State ; and to use and exercise over the army and
navy, and over the militia in actual service, the law-martial in time of
war, invasion, and also in rebellion, declared by the Legislature to
exist, as occasion shall necessarily require : And surprize, by all ways
and means whatsoever, all and every such person or persons, with their
ships, arms, ammunition, and other goods, as shall in a hostile manner
invade, or attempt the invading, conquering, or annoying this State:
And in fine, the Governor hereby is entrusted with all other powers
incident to the office of Captain-General and Commander in Chief, and
Admiral, to be exercised agreeably to the rules and regulations of the
[p. 164.] Constitution, and the laws of the land: Provided, that the
Governor shall not, at any time hereafter, by virtue of any power by
this Constitution granted, or hereafter to be granted to him by the
Legislature, transport any of the inhabitants of this State, or oblige them
to march out of the limits of the same, without their free and volun-
tary consent, or the consent of the General Court, nor grant commis-
sions for exercising the law martial in any case, without the advice and
consent of the Council.
The power of pardoning offences, except such as persons may be
convicted of before the Senate, by impeachment of the House, shall
be in the Governor, by and with the advice of the Council : But no
charter of pardon granted by the Governor, with advice of Council, be-
fore conviction, shall avail the party pleading the same, notwithstand-
ing any general or particular expressions contained therein, descriptive
of the offence or offences intended to be pardoned.
No officer duly commissioned to command in the militia shall be re-
JOURNAL OF CONVENTION. I5I
moved from his office, but b}* the address of both Houses to the Gov-
[p. 165.] ernor, or by fair trial in court-martial, pursuant to the laws of
the State for the time being.
The commanding officers of the regiments shall appoint their Adju-
tants and Quarter-Masters ; the Brigadiers, their Brigade-Majors ; the
?>Iajor-Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.
The Governor and Council shall appoint all officers of the continental
arm}-, whom, by the confederation of the United States, it is provided
that this State shall appoint ; as also all officers of forts and garrisons.
The division of the militia into brigades, regiments, and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper division of the militia of this State, until the same shall
be altered by some future law.
No monies shall be issued out of the treasury of this State, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for the
time being, by and with the advice and consent of the Council, for the
necessary support and defence of this State, and for the necessary pro-
[p. 166.] tection and preservation of the inhabitants thereof, agreeably
to the acts and resolves of the General Court.
All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public prop-
erty under their care respectively ; distinguishing the quantity and kind
of each, as particularly as may be ; together with the condition of such
forts and garrisons : And the commanding officer shall exhibit to the
Governor, when required by him, true and exact plans of such forts,
and of the land and sea, or harbor or harbors adjacent.
The Governor and Council shall be compensated for their services,
from time to time, by such grants as the General Court shall think rea-
sonable.
Permanent and honorable salaries shall be established by law, for the
Justices of the Superior Court.
Wm. Plumer
for the Committee.
Which report being read and considered, Voted that it be
received & accepted.
[p. 167.] Voted, that when the foregoing amendments shall
become a part of the Constitution of this State, the several
paragraphs now in the Constitution established 31^' of Octo-
ber 1783, under the several heads, Senate, Executive
Power or President, and under the head Council, be con-
sidered as no longer in force.
Voted, That when the Convention adjourns, that it be to
152 STATE OF NEW HAMPSHIRE.
meet again at Concord on the first Wednesday in Septem-
ber next.
Voted That Mr. Walker, Mr. Tinney & Mr. Calfe be a
Committee to procure 500 copies of the Amendments
agreed on by the Convention, to be sent to the people.
Voted, That the Secretary be desired to make out a copy
of the articles and resolves agreed on to be sent out to the
people as soon as may be, and employ some person to carry
the same to the President for his signature, and to return
the same to the Committee appointed to get the articles
printed.
Adjourned to the first Wednesday in September next,
then to meet at Concord, at 10 o'clock, a. m.
[Note. — Agreeably to the abovesaid votes, the foregoing articles
(taken from printed copy) were sent out to the people, in form as fol-
lows.]
Articles in addition to and amendment of the Con-
stitution OF THE State of New Hampshire, agreed
TO BY the Convention of said State, & submitted
TO THE PEOPLE THEREOF FOR THEIR APPROBATION.
In Convention held at Concord, the last Wednesday of May, 1792,
by adjo2t.?'iunc?it.
Whereas upon examining the retiir7is froui the several toiuns and 7in-
incorporated places, it appears that nnder the heads senate, gov-
ernor and council, inaiiy articles are approved by two thirds of the
voters ; and many are not approved, by reason whereof said amefid-
vients are rendered inconsistant, and contradictory : And the con-
vention not havi?ig the power to reject what has been approved by
the people as aforesaid.
Therefore resolved. That articles be
again sent out to be laid before the several towns and unincorporated
places, on the twenty-seventh day of August next, that the whole may
be approved or rejected ; and that return thereof be made to the con-
vention on the ffth day of Septeinber next. And that the articles
which have been already approved by more than two thirds of the
voters, and not inconsistant or contradictory, be printed, that it may be
known what articles have been ratitied by the people.
JOURNAL OF CONVENTION. 153
And whereas, if the articles now sent out are not approved by two
thirds of the qualified voters, the last clause in the exclusion bill, which
is in the following words, "No member of the council shall have a
seat in the senate or house of representatives," will be repugnant to
other parts of the constitution — Thei-efore 7'esolved, That an article be
sent out for expunging said clause.
ARTICLE.
" No MEMBER of the council shall have a seat in the senate or house
of representatives'' shall be expunged.
SENATE.
The senate shall consist of twelve members, who shall hold their
office for one year from the first Wednesday of June next ensuing
their election.
And that the State may be equally represented in the senate, the leg-
islature shall, from time to time, divide the state into twelve districts,
as nearly equal as may be without dividing towns and unincorporated
places ; and in making this division, they shall govern themselves by
the proportion of direct taxes paid by the said districts, and timely make
known to the inhabitants of the state the limits of each district.
The freeholders and other inhabitants of each district, qualified as in
this constitution is provided, shall annually give in their votes for a
senator, at some meeting holden in the month of March.
The senate shall be the first branch of the legislature ; and the sen-
ators shall be chosen in the following manner, viz. Every male inhabi-
tant of each town, and parish with town privileges, and places unin-
corporated, in this state, of twenty-one years of age and upwards, ex-
cepting paupers, and persons excused from paying taxes at their own
request, shall have a right, at the annual or other meetings of the in-
habitants of said tow^ns and parishes, to be duly warned and holden an-
nually forever in the month of March, to vote in the town or parish
wherein he dwells, for the senator in the district whereof he is a mem-
ber.
Provided nevertheless. That no person shall be capable of being
elected a senator, who is not of the Protestant religion, and seized of a
freehold estate, in his own right, of the value of two hundred pounds,
lying within this state, who is not of the age of thirty years, and who
shall not have been an inhabitant of this state for seven years imme-
diately preceding his election, and at the time thereof he shall be an
inhabitant of the district for which he shall be chosen.
And every person, qualified as the constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this state, in the town, parish, and plan-
tation, where he dwelleth and hath his home.
And the inhabitants of plantations and places unincorporated, quali-
fied as this constitution provides, who are or shall be required to assess
taxes upon themselves towards the support of government, or shall be
taxed therefor, shall have the same privilege of voting for senators, in
the plantations and places wherein they reside, as the inhabitants of
the respective towns and parishes aforesaid have. And the meetings of
such plantations and places for that purpose, shall be holden annually
154 STATE OF NEW HAMPSHIRE.
in the month of March, at such places respectively therein as the asses-
sors thereof shall direct ; which assessors shall have like authority for
notifying the electors, collecting and returning the votes, as the select-
men and town clerks have in their several towns by this constitution.
The meetings for the choice of governor, council, and senators,
shall be warned by warrant from the selectmen, and governed by a
moderator, who shall, in the presence of the selectmen, (whose duty
it shall be to attend) in open meeting, receive the votes of all the
inhabitants of such towns and parishes present, and qualified to vote
for senators ; and shall, in said meetings, in presence of the said se-
lectmen, and of the town clerk, in said meeting, sort and count the
said votes, and make a public declaration thereof, with the name of
every person voted for, and the number of votes for each person ; And
the town clerk shall make a fair record of the same at large, in the
town book, and shall make out a fair attested copy thereof, to be by
him sealed up and directed to the secretary of the state, with a super-
scription expressing the purport thereof: And the said town clerk
shall cause such attested copy to be delivered to the sheriff of the
county in which such town or parish shall lie, thirty days at least before
the first Wednesday of June ; or to the secretary of the state at least
twenty days before the said first Wednesday of June : And the sheriff
of each county, or his deputy, shall deliver all such certificates by him
received, into the secretary's office, at least twenty days before the first
Wednesday of June.
And that there maybe a due meeting of senators on the first Wednes-
day of June annually, the governor, and a majority of the council for
the time being, shall, as soon as may be, examine the returned copies
of such records, and fourteen days before the first Wednesday of June,
he shall issue his summons to such persons as appear to be chosen sena-
tors, by a majority of votes, to attend and take their seats on that day.
Provided nevertheless. That for the first year the said returned copies
shall be examined by the president, and a majority of the council then
in office ; and the said president shall, in like manner, notify the per-
sons elected, to attend and take their seats accordingly.
And in case there shall not appear to be a senator elected, by a ma-
jority of votes, for any district, the deficiency shall be supplied in the
following manner, viz. The members of the house of representatives,
and such senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district, and
out of them shall elect, by joint ballot, the senator wanted for such
district ; and in this manner all such vacancies shall be filled up, in
every district of the state ; and in like manner all vacancies in the sen-
ate, arising by death, removal out of the state, or otherwise, shall be
supplied, as soon as may be after such vacancies happen.
The senate shall be final judges of the elections, returns, and qual-
ifications, of their own members, as pointed out in this constitution.
The senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time.
Provided nevertheless. That whenever they shall sit on the trial of
any impeachment, they may adjourn to such time and place as they
may think proper, although the legislature be not assembled on such
day, or at such place.
The senate shall appoint their president, and other officers, and de-
termine their own rules of proceedings : And not less than seven mem-
JOURNAL OF CONVENTION. 1 55
bers of the senate shall make a quorum for doing business ; and when
less than eight senators shall be present, the assent of five, at least,
shall be necessary, to render their acts and proceedings valid.
The senate shall be a court, with full power and authority to hear,
try, and determine, all impeachments made by the house of represen-
tatives against any officer or officers of the state, for bribery, corrup-
tion, mal-practice, or mal-administration, in office ; with full power to
issue summons, or compulsory process, for convening witnesses before
them : But previous to the trial of any such impeachment, the members
of the senate shall respectively be sworn truly and impartiall}- to try
and determine the charge in question, according to evidence. And
every officer, impeached for bribery, corruption, mal-practice, or mal-
administration, in office, shall be served with an attested copy of the
impeachment, and order of senate thereon, with such citation as the
senate may direct, setting forth the time and place of their setting to try
the impeachment ; which service shall be made by the sheriff, or such
other sworn officer as the senate may appoint, at least fourteen days
previous to the time of trial ; and such citation being duly served and
returned, the senate may proceed in the hearing of the impeachment,
giving the person impeached, if he shall appear, full liberty of pro-
ducing witnesses and proofs, and of making his defence, by himself
and counsel, & may also, upon his refusing or neglecting to appear
hear the proofs in support of the impeachment, and render judgment
thereon, his non-appearance notwithstanding; and such judgment shall
have the same force and effect as if the person impeached had appeared
and pleaded in the trial. Their judgment, however, shall not extend
further than removal from office, disqualification to hold or enjoy any
place of honor, trust, or profit, under this state ; but the party, so con-
victed, shall nevertheless be liable to indictment, trial, judgment, and
punishment, according to the laws of the land.
Whenever the Governor shall be impeached, the chief justice of the
supreme judicial court shall, during the trial, preside in the senate,
but have no vote therein.
EXECUTIVE POWER.
GOVERNOR.
THERE shall be a Supreme Executive Magistrate, who shall be
styled the Governor of the State of New Hampshire, and whose title
shall be His Excellency.
The Governor shall be chosen annually, in the month of March ;
and the votes for Governor shall be received, sorted, counted, certified
and returned, in the same manner as the votes for senators; and the
secretary shall lay the same before the senate and house of repre-
sentatives, on the first Wednesday of June, to be by them examined, &
in case of an election by a majority of votes thro' the state, the choice
shall be by them declared and published.
And the qualifications of electors of the governor shall be the same
as those for senators ; and if no person shall have a majority of votes,
the senate and house of representatives shall, by joint 'ballot, elect
one of the two persons having the highest number of votes, who shall
be declared governor.
156
STATE OF NEW HAMPSHIRE.
And no person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this state for seven
years next preceding, and unless he shall be of the age of thirty years,
and unless he shall, at the same time have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold, in
his own right, within this state, and unless he shall be of the protestant
religion.
In cases of disagreement between the two houses, with regard to the
time or place of adjournment or prorogation, the governor, with advice of
council, shall have a right to adjourn or prorogue the general court, not
exceeding ninety days at any one time, as he may determine the public
good may require, and he shall dissolve the same seven days before
the said first Wednesday of June.
And, in case of any infectious distemper prevailing in the place where
the said court at any time is to convene, or any other cause, whereby
dangers may arise to the health or lives of the members from their at-
tendance, the governor may direct the session to be holden at some
other the most convenient place within the state.
Every bill which shall have passed both houses of the general court,
shall, before it become a law, be presented to the governor, if he ap-
prove, he shall sign it, but if not, he shall return it, with his objections,
to that house in which it shall have originated, who shall enter the ob-
jections at large on their journal, and proceed to reconsider it ; if, after
such reconsideration, two thirds of that house shall agree to pass the
bill, it shall be sent, together with such objections, to the other
house, by which it shall likewise be reconsidered, and if approved
by two thirds of that house, it shall become a law. But in all such
cases the votes of both houses shall be determined by yeas and nays,
and the names of the persons, voting for or against the bill, shall be en-
tered on the journal of each house respectively. If any bill shall not
be returned by the governor, within five days (Sundays excepted) after
it shall have been presented to him, the same shall be a law in like
manner as if he had signed it, unless the legislature, by their adjourn-
ment, prevent its return, in which case it shall not be a law.
Every resolve shall be presented to the governor, and, before the
same shall take effect, shall be approved by him, or being disapproved
by him, shall be repassed by the senate and house of representatives,
according to the rules and limitations prescribed in the case of a bill.
All judicial officers, the attorney-general, solicitors, all sheriffs, coro-
ners, registers of probate, and all officers of the navy, and general and
field officers of the militia, shall be nominated and appointed by the
governor and council ; and every such nomination shall be made at
least three days prior to such appointment ; and no appointment shall
take place, unless a majority of the council agree thereto. The gov-
ernor and council shall have a negative on each other, both in the
nominations and appointments. Every nomination and appointment
shall be signed by the governor and council, and every negative shall
be also signed by the governor or council who made the same.
The captains and subalterns, in the respective regiments, shall be
nominated and recommended by the field officers to the governor who
is to issue their commissions immediately on receipt of such recom-
mendation.
WiiExXEVER the chair of the Governor shall become vacant, by reason
of his death, absence from the state, or otherwise, the president of
JOURNAL OF CONVENTION. 15/
the senate shall during such vacancy, have and exercise all the powers
and authorities which, by this constitution the governor is vested
with, when personally present ; but when the president of the senate
shall exercise the office of governor, he shall not hold his office in the
senate.
The governor, with advice of council, shall have full power and
authority, in the recess of the general court, to prorogue the same
from time to time, not exceeding ninety days, in any one recess of
said court ; and during the session of said court, to adjourn or pro-
rogue it to any time the two houses may desire, and to call it together
sooner than the time to which it may be adjourned, or prorogued, if
the welfare of the state should require the same.
The governor of this state for the time being shall be commander in
chief of the army and navy, and all the military forces of the state, by
sea and land ; and shall have full power by himself, or by any chief com-
mander, or other officer, or officers, from time to time, to train, instruct,
exercise and govern the militia and navy ; and for the special defence
and safety of this state, to assemble in martial array, and put in warlike
posture, {he inhabitants thereof, and to lead and conduct them, and
with them to encounter, repulse, repel, resist and pursue by force of
arms, as well by sea as by land, within and without the limits of this
state ; and also to kill, slay, destroy, if necessary, and conquer by all
fitting ways, enterprize and means, all and every such person and per-
sons as shall, at any time hereafter, in a hostile manner, attempt or en-
terprize the destruction, invasion, detriment or annoyance of this state ;
and to use and exercise over the army and na\'y, and over the militia in
actual service, the law martial in time of war, invasion, and also in re-
bellion, declared by the legislature to exist, as occasion shall necessa-
rily require : And surprize, by all ways and means whatsoever, all and
every such person or persons, with their ships, arms, ammunition, and
other goods, as shall in a hostile manner invade, or attempt the invad-
ing, conquering or annoying this state ; and in fine, the governor
hereby is entrusted with all other powers incident to the office of cap-
tain-general and commander in chief, and admiral, to be exercised
agreeably to the rules and regulations of the constitution, and the laws
of the land : Provided, that the Governor shall not, at any time hereaf-
ter, by virtue of any power by this constitution granted, or hereafter to
be granted to him by the legislature, transport any of the inhabitants
of this state, or oblige them to march out of the limits of the same,
without their free and voluntary consent, or the consent of the general
court, nor grant commissions for exercising the law martial in any case,
without the advice and consent of the council.
The power of pardoning offences, except such as persons may be con-
victed of before the senate, by impeachment of the house, shall be in
the Governor, by and with the advice of the council : But no charter
of pardon granted by the Governor, with advice of council, before con-
viction, shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descriptive of the
olTence or oflfences intended to be pardoned.
No officer duly commissioned to command in the militia shall be re-
moved from his office, but by the address of both houses to the Gov-
ernor, or by fair trial in court-martial, pursuant to the laws of the State
for the time beins:.
158
STATE OF NEW HAMPSHIRE.
The commanding officers of the regiments shall appoint their Adju-
tants and Quarter-masters ; the Brigadiers, their Brigade-Majors ; the
Major Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.
The Governor and council shall appoint all officers of the continental
army, whom, by the confederation of the United States, it is provided
that this State shall appoint ; as also all officers of forts and garrisons.
The division of the militia into brigades, regiments, and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper division of the militia of this state, until the same shall
be altered by some future law.
No monies shall be issued out of the treasury of this state, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for
the time being, by and with the advice and consent of the council, for
the necessary support and defence of this state, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the General Court.
All public boards, the commissary-general, all superintending officers
of public magazines and stores, belonging to this state, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages
and all small arms, with their accoutrements, and of all other public
property under their care respectively ; distinguishing the quantity
and kind of each, as particularly as may be ; together with the con-
dition of such forts and garrisons : and the commanding officer shall
exhibit to the governor, when required by him true and exact plans of
such forts, and of the land and sea, or harbor or harbors adjacent.
The Governor and council shall be compensated for their services,
from time to time, by such grants as the general court shall think
reasonable.
Permanent and honorable salaries shall be established by law, for
the Justices of the Superior Court.
COUNCIL.
THERE shall be annually elected, by ballot, five councillors, for ad-
vising the governor in the executive part of government. The free-
holders and other inhabitants in each county, qualified to vote for sen-
ators, shall some time in the month of March, give in their votes for
one councillor ; which votes shall be received, sorted, counted, certi-
fied, and returned to the secretary's office, in the same manner as the
votes for senators, to be by the secretary laid before the senate and
house of representatives on the first Wednesday of June.
And the person having a majority of votes in any county, shall be
considered as duly elected a councillor : But if no person shall have a
rnajority of votes in any county, the senate and house of representa-
tives shall take the names of the two persons who have the highest num-
ber of votes in each county, and not elected, and out of those two shall
JOURNAL OF CONVENTION. I5g
elect by joint ballot, the councillor wanted for such county, and the
qualifications for councillors shall be the same as for senators.
If any person thus chosen a councillor, shall be elected governor, or
member of either branch of the legislature, & shall accept the trust:
or if any person elected a councillor, shall refuse to accept the office ;
or in case of the death, resignation, or removal of any councillor out
of the state : the Governor may issue a precept for the election of a
new councillor in that county where such vacancy shall happen ; and
the choice shall be in the same manner as before directed : And the
Governor shall have full power and authority to convene the council,
from time to time, at his discretion ; and, with them, or the majority
of them, may, and shall, from time to time, hold a council, for order-
ing and directing the affairs of the state, according to the laws of the
land.
The members of the council may be impeached by the house, and
tried by the senate, for bribery, corruption, mal-practice, or mal-ad-
ministration.
The resolutions and advice of the council shall be recorded by the
secretary, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
house of the legislature ; and any member of the council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.
The legislature may, if the public good shall hereafter require it,
divide the state into five districts, as nearly equal as ma}' be, govern-
ing themselves by the number of rateable polls, and proportion of pub-
lic taxes ; each district to elect a councillor : And, in case of such
division, the manner of the choice shall be comformable to the present
mode of election in counties.
And whereas the elections, appointed to be made by this constitu-
tion, on the first Wednesday of June annually, by the two houses of
the legislature, may not be completed on that day, the said elections
may be adjourned from day to day, until the same be completed : and
the order of the elections shall be as follows — the vacancies in the sen-
ate, if any, shall be first filled up : The governor shall then be elected,
provided there shall be no choice of him by the people : And after-
wards, the two houses shall proceed to fill up the vacancy, if any, in
the council.
When the foregoing amendments shall become a part of the consti-
tution of this state the several paragraphs now in the constitution, es-
tablished the thirty first day of October 1783, under the several heads,
Senate, Executive Power, or President ; and under the head Council, be
considered as no longer in force.
In convention, voted, that the amendments now to be sent out, be
printed with the following certificate at the end, viz.
/ 1 01071 clerk of do certify, that at a legal
vieeting duly wariied and held in the town of zV/ the county of
this day of a)ino doniini 1702, for tJie purpose of
considering the foregoing ainendnioits, to the co/istitution of the state of
New Hampshire, as agreed upon ifi conve7itio7i ; that there were
voters prese7it who voted for the ante7idnients, a7id voters pres-
e7it who voted agai7ist the a7nend}nc}its.
Attest : Town Clerk.
l60 STATE OF NEW HAMPSHIRE.
In Convention resolved, that the following articles of amendments
being approved by the people, are so unconnected with other articles,
that there is no necessity for again submitting them to the people, to
be voted upon, viz. The 2. 3. 4. 6. 7. 9. 10. 26. 27. 28. 39. 49. 50. 51.
52. 53. 58. 59. 60. 61. 62. 6^. 64. 65. 66. 67. 68. 69. 70. 71. 72. but that
said articles be printed, that the people may be informed what is al-
ready ratified.
II.
That the word assembly, be expunged, and the word legislature in-
serted.
III.
That the words " ^/toss of'' be expunged, and the word " t(ye " be
expunged, and the word " offences'^'' inserted.
IV.
Every subject hath a right to be secure from all unreasonable searches
and seizures of his person, his houses, his papers and all his possessions
— therefore all warrants to search suspected places, or arrest a person
for examination, or trial in prosecutions for criminal matters, are con-
trary to this right if the cause or foundation of them be not previously
supported by oath or affirmation, and if the order in a warrant to a
civil officer to make search in suspected places, or to arrest one or
more suspected persons, or to seize their property, be not accompanied
with a special designation of the persons or objects of search or seiz-
ure ; and no warrant ought to be issued but in case, and with the form-
alities prescribed by law.
VI.
The legislature shall assemble for the redress of public grievances
and for making such laws as the public good may require.
VII.
It is essential to the preservation of the rights of every individual,
his life, liberty, property, and character, that there be an impartial inter-
pretation of the laws and administration of justice. It is the right of
every citizen to be tried by judges as impartial as the lot of humanity
will admit, it is therefore not only the best policy, but for the security
of the rights of the people, that the judges of the supreme judicial
court should hold their office so long as they behave well ; subject how-
ever to such limitations on account of age as may be provided by the
constitution of the state, and that they should have honorable salaries
ascertained and established by standing laws.
IX.
No member of the general court shall take fees, be of council, or
act as advocate in any cause before either branch of the legislature,
and upon due proof thereof, such member shall forfeit his seat in the
legislature.
X.
The doors of the galleries of each house of the legislature, shall be
kept open to all persons who behave decently, except when the welfare
of the state in the opinion of either branch shall require secrecy.
JOURNAL OF CONVENTION. l6l
XXVI.
The members of both houses of the legislature shall be compensated
for their services out of the treasury of the state, by a law made for that
purpose, such members attending seasonably, and not departing with-
out licence.
All intermediate vacancies in the house of representatives may be
filled up from time to time, as the annual elections are made.
XXVII.
The house of representatives shall be judge of the returns, elections,
and qualifications of its members ; as pointed out in this constitution.
XXVIII.
The journals of the proceedings, and all public acts of both houses of
the legislature shall be printed and published immediately after every
adjournment or prorogation : And upon motion made by any one mem-
ber the yeas and nays upon any question shall be entered on the
journals ; and any member of the senate or house of representatives
shall have a right on motion made at the time for that purpose to have
his protest or dissent with the reasons against any vote, resolve or bill
passed, entered on the journals.
XXXIX.
The several paragraphs under the head President in the constitution
shall be altered by expunging the word President, and inserting the
word Governor in lieu thereof.
XLIX.
The Secretary of the State shall at all times have a deputy to be by
him appointed, for whose conduct in office he shall be responsible, and
in case of death, removal or inability of the Secretary, his deputy shall
exercise all the duties of the office of Secretary of this state, until an-
other shall be appointed.
L.
The Secretary before he enters upon the business of his office, shall
give bond with sufficient sureties in a reasonable sum, for the use of
the state, for the punctual performance of his trust.
LI.
The county treasurer and register of deeds shall be elected by the
inhabitants of the several towns in the several counties in the state, ac-
cording to the method now practiced, and the laws of the state : pro-
vided nevertheless, the legislature shall have authority to alter the man-
ner of certifying the votes & the mode of electing those officers, but not
so as to deprive the people of the right they now have of electing them.
LII.
And the legislature, on the application of the major part of the in-
habitants of any county, shall have authority to divide the same into
two districts for registering deeds if to them it shall appear necessary,
each district to elect a register of deeds.
11
1 62 STATE OF NEW HAMPSHIRE.
LIII.
The county treasurer and register of deeds before they enter upon the
business of their offices shall be respectively sworn faithfully to dis-
charge the duties thereof, and severally give bond with sufficient sure-
ties in a reasonable sum for the use of the county or district, for the
punctual performance of their respective trusts.
LVIII.
The general court are impowered to give to justices of the peace ju-
risdiction in civil causes where the damages demanded shall not exceed
four pounds, and title of real estate is not concerned, but with right of
appeal to either party to some other court, so that a trial by jury in the
last resort may be had.
LIX.
No PERSON shall hold the office of judge of any court, or judge of pro-
bate, or sheriff of any county after he has attained the age of seventy
years.
LX.
No JUDGE of any court, or justice of the peace shall act as attorney,
or be of counsel to any party, or originate any civil suit in matters which
shall come or be brought before him as a judge or justice of the peace.
LXI.
All matters relating to the probate of wills, and granting of letters
of administration shall be exercised by the judges of probate in such
manner as the legislature have directed, or may hereafter direct. And
the judges of probate shall hold their courts at such place or places on
such fixed days as the conveniency of the people may requu-e, and the
legislature from time to time appoint.
LXII.
No JUDGE or register of probate shall be of counsel, act as advocate,
or receive any fees as advocate or counsel in any probate business which
is pending or maybe brought into any court of probate in the county of
which he is judge or register.
LXIII.
That the paragraphs under the head of clerks of courts, in the con-
stitution, be expunged, and the following substituted.
LXIV.
The judges of the courts, those of the probate excepted, shall ap-
point their respective clerks, to hold their office during pleasure, and
no such clerk shall act as an attorney or be of counsel in any cause in
the court of which he is clerk, nor shall he draw any writ originating a
civil action.
LXV.
That the paragraphs in the constitution under the head Delegates to
Congress be expunged.
JOURNAL OF CONVENTION. 1 63
LXVI.
The oath of allegiance in the constitution shall be expunged and the
following substituted in lieu thereof, viz.
I A. B. do solemnly swear, that I will bear faith and true allegiance
to the State of New Hampshire, and will support the constitution
thereof. So help me God.
LXVII.
Any person having taken and subscribed the oath of allegiance shall
not be obliged to take said oath again.
LXVIII.
And the oaths or affirmations shall be taken and subscribed by the
Governor before the President of the senate in presence of both houses
of the legislature, and by the senators and representatives first elected
under this constitution as amended and altered, before the President of
the state, and a majority of the council then in office, and forever
afterwards before the Governor and council for the time being, and by
all other officers, before such persons, and in such manner as the legis-
lature shall from time to time appoint.
LXIX.
That the fifteenth paragraph in the constitution, under the head
Oaths, Subscriptions, &c. be expunged and the following substituted in
lieu thereof.
LXX.
No person holding the office of judge of any court (except special
judges) Secretary, Treasurer of the state, attorney general, commissary
general, military officers, receiving pay from the Continent or this state
excepting officers of the militia, occasionally called forth on an emer-
gency. Register of deeds, sheriff or officer of the customs, including
naval officers. Collectors of excise, and state and continental taxes here-
after appointed and not having settled their accounts with the respec-
tive officers with whom it is their duty to settle such accounts, members
of Congress, or any person holding an office under the United States,
shall at the same time hold the office of Governor, or have a seat in
the senate or house of representatives or council, but his being chosen
and appointed to and accepting the same shall operate as a resignation
of his seat in the chair, senate, or house of representatives or council,
and the place so vacated shall be filled up. No member of the council
shall have a seat in the senate or of house of representatives.
LXXI.
To the end that there may be no failure of justice, or danger to the
state by the alterations and amendments made in the constitution, the
general court is hereby fully authorized and directed to fix the time
when the amendments and alterations shall take effect ; and make the
necessary arrangements accordingly.
That the last paragraph in the constitution be expunged, and the
following substituted in lieu thereof, viz.
164 STATE OF NEW HAMPSHIRE.
LXXII.
It shall be the duty of the selectmen and assessors of the several
towns and places in this state, in warning the first annual meeting for
the choice of senators, after the expiration of seven years from the adop-
tion of this constitution, as amended to insert expressly in the warrant,
this purpose among the others, for the meeting, to wit : to take the sense
of the qualified voters on the subject of a revision of the constitution.
And the meeting being warned accordingly and not otherwise, the mod-
erator shall take the sense of the qualified voters present, as to the ne-
cessity of a revision, and a return of the number of votes for, and
against such necessity, shall be made by the clerk, sealed up and direct-
ed to the general court at their then next session. And if it shall
appear to the general court by such returns, that the sense of the people
of the state has been taken and that in the opinion of the majority of
the qualified voters, in the state present, and voting at said meetings,
there is a necessity for a revision of the constitution ; it shall be the
duty of the general court to call a convention for that purpose, other-
wise the general court shall direct the sense of the people to be taken,
and then proceed in the manner before mentioned.
The delegates to be chosen in the same manner, and proportioned
as the representatives to the general court ; provided, that no altera-
tions shall be made in this constitution, before the same shall be laid
before the towns and unincorporated places ; and approved by two
thirds of the qualified voters present, and voting on the subject, — And
the same method of taking the sense of the people, as to the revision
of the constitution, and calling a convention for that purpose ; shall be
observed aftervvards at the expiration of every seven years.
SAMUEL LIVERMORE, President.
Attest : JOHN CALFE, Secretary.
[p. 168.] Wednesday, Sept^ 5^^ 1792.
Convention met according to adjournment.
Voted, That Mr. Newcomb, Mr. Plummer and Mr. Foster
be a Committee to examine the returns from the several
Towns and places in this State, and make report thereon.
Adjourned to 9 o'clock to-morrow morning.
Thursday, Sept^ 6*^ 1792.
Convention met according to adjournment.
The Committee appointed to examine the returns from
the several Towns and places in the State, of the votes for
and against the amendments to the Constitution, Report,
That they find the whole number of votes returned to be three thou-
sand and one hundred — of which, two thousand one hundred and twenty
two are for said Amendments, and nine hundred and seventy eight
against them ; — by which it appears that said Amendments are accepted
by more than two thirds of the voters who voted thereon.
Sign'd Dan^ Newcomb,
for Committee.
Which report was read & considered, rec*^^ and accepted.
JOURNAL OF CONVENTION.
i6s
[p. 169.] The returns from the several Towns in this State
for and against the proposed amendments, were as follows,
(viz.)
COUNTY OF ROCKINGHAM.
Names of Towns.
Allenstown,
Atkinson,
Bow,
Brentwood,
Candia,
Canterbury,
Chester,
Chichester,
Concord,
Deerfield,
East Kingston,
Epping,
Epsom,
Exeter,
Greenland,
Hampstead,
Hampton,
Hawke,
Hampton-Falls,
Kensington,
Kingstown,
Londonderry,
Loudon,
Votes
for.
Ags't.
0
7
0
33
5
0
53
0
6
27
12
64
19
9
2
98
31
0
0
59
16
0
30
4
0
25
0
10
41
0
5
0
.50
0
38
14
Names of Towns.
Newington,
New Market,
New Castle,
Newtown,
Northfield,
North Hampton,
North wood,
Nottingham,
Pelham,
[p. 170.] Pembroke,
Plastow,
Poplin,
Portsmouth,
Pittsfield,
Raymond,
Rye,
Salem,
Sandown,
Seabrook,
South Hampton,
Stratham,
Windham,
Votes
for.
12
22
18
41
O
16
o
32
o
19
9
5
II
Ags't.
O
3
o
20
2
14
O
28
2
I
13
33
o
COUNTY OF STRAFFORD.
Barnstead,
Barrington,
Conway,
Dover,
Durham,
Eaton,
Effingham,
Gilmantown,
Lee,
Locations,
S. Stark,
A. Stark,
Hugh Sterling,
Madbury,
Merrideth,
II
2
31
0
63
0
24
43
29
0
18
2
41
0
10
I
25
I
Middletown,
[p. 171.] Moultonboro',
New Durham,
New Durham Gore,
New Hampton,
Ossippee,
Rochester,
Sanbornton,
Sandwich,
Sommers worth,
Tam worth,
Tuftonborough,
Wakefield,
Wolfborough,
16
14
0
0
9
2
14
30
21
14
0
0
I
18
0
i66
STATE OF NEW HAMPSHIRE.
COUNTY OF HILLSBOROUGH.
Towns.
Amherst,
Andover,
Antrim,
Bedford,
Boscawen,
Bradford,
Campbell's Gore,
Bearing,
Derryfield,
Dunbarton,
Dunstable,
Duxbury,
Fishersfield,
Francestown,
Goffstown,
Hancock,
Hinnekar,
Hillsborough,
Holies,
Hopkintown,
For.
Ags't.
33
O
8
34
0
0
34
o
39
II
7
7
i6
55
0
o
2
4
5
o
o
22
Towns.
[p. 172.] Keasearge Gore,
Litchfield,
Lyndeborough,
Mason,
Merrimac,
New Boston,
New Ipswich,
New London,
Nottingham West,
Peterborough,
Salisbury,
Society Land,
Sutton,
Temple,
Warner,
Weare,
Wilton,
Greenfield,
Sharon,
Raby,
For.
20
31
30
26
49
I
o
10
o
o
Ags t.
I
28
21
61
14
I
O
30
22
Acworth,
Alstead,
Charlestown,
Chesterfield,
Claremont,
Cornish,
Croydon,
Dublin,
Fitz William,
Gilsom,
Hinsdale,
Jaffrey,
[p. 173.] Keene,
Langdon,
Lempster,
Marlborough,
Mario w,
Alexandria,
Bath,
Bridgewater,
Cambridge,
Campton,
COUNTY OF CHESHIRE.
New Grantham,
Newport,
Packersfield,
Plainfield,
Protectworth,
Richmond,
Rindge,
Stoddard,
Surry,
Sullivan,
Swanzey,
Unity,
Walpole,
Washington,
Wendall,
Westmoreland,
Winchester,
Goshen,
19
0
21
0
15
10
20
4
35
0
12
0
22
0
0
-hi
4
20
90
0
16
6
0
II
26
0
COUNTY OF GRAFTON.
Canaan,
Cardigan [crossed],
Cockburne,
Coleburne,
20 Coventry,
17
17
14
0
17
I
II
0
28
0
39
0
12
3
19
0
32
2
0
7
41
0
II
19
54
0
17
0
0
19
14
0
• • • .
• . • •
JOURNAL OF CONVENTION.
COUNTY OF GRAFTON (Continued).
167
Towns.
Dalton,
Dartmouth,
[p. 174.] Dorchester,
Enfield,
Franconia,
Grafton,
Gunthwait,
Hanover,
Haverhill,
Lancaster,
Landaff,
Lebanon,
Lincoln,
Littleton,
Lyman,
For.
Ags't.
II
3
6
0
8
0
18
I
22
54
2
0
Towns.
Lyme,
New Holderness,
Northumberland,
Orford,
Piermont,
Plymouth,
Rumney,
Shelburne,
Thornton,
Warren,
Wentworth,
Burton,
Orange,
New Chester,
[Total]
For.
21
6
II
2>7
10
Ags't
15
2
2122 978
[p. 175.] Voted That Mr. Newcomb, Mr. Plummer & Mr.
E. S. Livermore, be a Committee to report to the Conven-
tion a true copy of the Constitution as revised and agreed
to by the people.
Adjourned to 3 o'clock, P. M. Met accordingly.
The Committee appointed to report to the Convention a
true copy of the Constitution as revised and agreed to by
the people, reported the following [see p. 169] :
[p. 239.] Which Report [of a true copy of the Constitu-
tion] being read and considered, was received and accepted ;
— and the following vote passed.
[p. 240.] In Convention held at Concord the fifth day of
September Anno Domini 1792, The returns from the sever-
al Towns and unincorporated places being examined, and it
appearing that the foregoing Bill of Rights and form of gov-
ernment as amended by the Convention, were approved by
more than two thirds of the qualified voters present in town
meetings and voting upon the question ; — the same are agreed
071 and established by the Delegates of the people in Conven-
tion, and declared to be the Civil Cojistitntion of the State of
New Hampshire.
[p. 241.] Voted That Mr. Walker and Mr. E. S. Livermore
be a Committee to procure five hundred copies of the Con-
stitution to be printed, and that each member of the Con-
1 68 STATE OF NEW HAMPSHIRE.
vention and of the present Legislature, be furnished with a
copy, and that one copy be sent to each town, and that said
Committee procure the Constitution to be enrolled on Parch-
ment, to be signed by the President of the Convention and
Secretary, and transmitted to the Secretary of the State to
be by him deposited in the Secretary's office.
Voted, That the Secretary be directed to certify to his
Excellency the President of the State, the number of days
that the Rev. Mr. Evans attended the Convention as chap-
lain, and inform him that it is the desire of Convention that
he be compensated therefor out of the Treasury of this
State.
The Convention then dissolved.
THE CONSTITUTION OF
New Hampshire as agreed and amended by a Conven-
tion OF Delegates held at Concord in said State,
AND APPROVED BY THE PEOPLE, AND ESTABLISHED BY
THE Convention on the first Wednesday of Sep-
tember, 1792.
PART FIRST.
BILL OF RIGHTS.
Article I. j^ll men are born equally free and inde-
pendent ; therefore all government of right originates from
the people, is founded in consent, and instituted for the gen-
eral good.
II. All men have certain natural, essential and inherent
rights — among which are the enjoying and defending life
and liberty, acquiring, possessing and protecting property ;
and in a word, of seeking and obtaining happiness.
III. When men enter into a state of society, they surren-
der up some of their natural rights to that society, in order
to ensure the protection of others ; and without such an
equivalent, the surrender is void.
IV. Among the natural rights, some are in their very na-
ture unalienable ; because no equivalent can be given or re-
ceived for them ; of this kind are the rights of co7iscience.
V. Every individual has a natural and unalienable right
to worship God according to the dictates of his own con-
science and reason ; and no subject shall be hurt, molested,
or restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience, or for his religious profes-
sion, sentiments, or persuasion ; provided he doth not dis-
turb the publick peace, or disturb others in their religious
worship.
1^0 STATE OF NEW HAMPSHIRE.
VI. As morality and piety, rightly grounded on evangel-
ical principles, will give the best and greatest security to
government, and will lay, in the hearts of men, the strong-
est obligations to due subjection ; and as the knowledge of
these is most likely to be propagated through a society, by
the institution of the publick worship of the Deity, and of
publick instruction in morality and religion ; therefore, to
promote these important purposes, the people of this state
have a right to empower, and do hereby fully empower the
legislature, to authorize, from time to time, the several towns,
parishes, bodies corporate, or religious societies, within this
state, to make adequate provision, at their own expense, for
the support and maintenance of publick Protestant teachers
of piety, religion and morality.
Provided notwithstanding, That the several towns, par-
ishes, bodies corporate, or religious societies, shall at all
times have the exclusive right of electing their own publick
teachers, and of contracting with them for their support and
maintenance. And no person of any one particular relig-
ious sect or denomination, shall ever be compelled to pay
towards the support of the teacher or teachers of another
persuasion, sect or denomination.
And every denomination of christians, demeaning them-
selves quietly, and as good subjects of the state, shall be
equally under the protection of the law : and no subordina-
tion of any one sect or denomination to another, shall ever
be established by law.
And nothing herein shall be understood to affect any for-
mer contracts made for the support of the ministry ; but all
such contracts shall remain, and be in the same state as if
this constitution had not been made.
VII. The people of this state have the sole and exclusive
right of governing themselves as a free, sovereign and inde-
pendent state ; and do, and forever hereafter shall exercise
and enjoy every power, jurisdiction and right, pertaining
thereto, which is not, or may not hereafter be by them ex-
pressly delegated to the United States of America in con-
gress assembled.
VIII. All power residing originally in, and being derived
from the people, all the magistrates and officers of govern-
ment are their substitutes and agents, and at all times ac-
countable to them.
JOURNAL OF CONVENTION. I7I
IX. No office or place whatsoever in government, shall be
hereditary — the abilities and integrity requisite in all, not
being transmissible to posterity or relations.
X. Government being instituted for the common benefit,
protection and security of the whole community, and not for
the private interest or emolument of any one man, family, or
class of men ; therefore, whenever the ends of government
are perverted, and publick liberty manifestly endangered,
and all other means of redress are ineffectual, the people
may and of right ought to reform the old, or establish a new
government. The doctrine of non-resistance against arbi-
trary power and oppression, is absurd, slavish, and destruc-
tive of the good and happiness of mankind.
XL All elections ought to be free, and every inhabitant of
the state, having the proper qualifications, has equal right
to elect and be elected into office.
XII. Every member of the community has a right to be
protected by it, in the enjoyment of his life, liberty and prop-
erty ; he is therefore bound to contribute his share in the ex-
pense of such protection, and to yield his personal service
when necessary, or an equivalent. But no part of a man's
property shall be taken from him, or applied to publick uses,
without his own consent, or that of the representative body
of the people. Nor are the inhabitants of this state control-
able by any other laws than those to which they, or their
representative body, have given their consent.
XIII. No person, who is conscientiously scrupulous about
the lawfulness of bearing arms, shall be compelled thereto,
provided he will pay an equivalent.
XIV. Every subject of this state is entitled to a certain
remedy, by having recourse to the laws, for all injuries he
may receive in his person, property, or character ; to obtain
right and justice freely, without being obliged to purchase
it ; completely and without any denial ; promptly and with-
out delay, conformably to the laws.
XV. No subject shall be held to answer for any crime or
offence, until the same is fully and plainly, substantially and
formally described to him ; or be compelled to accuse or fur-
nish evidence against himself. And every subject shall
have a right to produce all proofs that may be favourable to
1/2 STATE OF NEW HAMPSHIRE.
himself ; to meet the witnesses against him, face to face ;
and to be fully heard in his defence, by himself and counsel.
And no subject shall be arrested, imprisoned, despoiled, or
deprived of his property, immunities, or privileges, put out
of the protection of the law, exiled or deprived of his life,
liberty, or estate, but by the judgment of his peers, or the
law of the land.
XVI. No subject shall be liable to be tried, after an ac-
quittal, for the same crime or offence. Nor shall the legis-
lature make any law that shall subject any person to a capi-
tal punishment, (excepting for the government of the army
and navy, and the militia in actual service) without trial by
jury.
XVII. In criminal prosecutions, the trial of facts, in the
vicinity where they happen, is so essential to the security of
the life, liberty, and estate of the citizen, that no crime or
offence ought be tried in any other county than that in
which it is committed ; except in cases of general insurrec-
tion in any particular county, when it shall appear to the
judges of the superior court, that an impartial trial cannot be
had in the county where the offence may be committed, and
upon their report, the legislature shall think proper to direct
the trial in the nearest county in which an impartial trial can
be obtained.
XVIII. All penalties ought to be proportioned to the na-
ture of the offence. No wise legislature will affix the same
punishment to the crimes of theft, forgery and the like,
which they do to those of murder and treason ; where the
same undistinguishing severity is exerted against all offences,
the people are led to forget the real distinction in the
crimes themselves, and to commit the most flagrant with as
little compunction as they do the lightest offences : for the
same reason a multitude of sanguinary laws is both impolitic
and unjust. The true design of all punishments being to re-
form, not to exterminate mankind.
XIX. Every subject hath a right to be secure from all
unreasonable searches and seizures of his person, his houses,
his papers, and all his possessions. Therefore, all warrants
to search suspected places, or arrest a person for examina-
tion or trial, in prosecutions for criminal matters, are con-
trary to this right, if the cause or foundation of them be not
JOURNAL OF CONVENTION. 1 73
previously supported by oath or affirmation ; and if the order,
in a warrant to a civil officer, to make search in suspected
places, or to arrest one or more suspected persons, or to seize
their property, be not accompanied with a special designa-
tion of the persons or objects of search, arrest, or seizure;
and no warrant ought to be issued, but in cases, and with
the formalities, prescribed by law.
XX. In all controversies concerning property, and in all
suits between two or more persons, except in cases in which
it has been heretofore otherwise used and practised, the par-
ties have a right to a trial by jury, and this method of pro-
cedure shall be held sacred, unless, in cases arising on the
high seas and such as relate to mariners' wages, the legis-
lature shall think it necessary hereafter to alter it.
XXI. In order to reap the fullest advantage of the ines-
timable privilege of the trial by jury, great care ought to be
taken, that none but qualified persons should be appointed
to serve ; and such ought to be* fully compensated for their
travel, time and attendance.
XXII. The Liberty of the Press is essential to the
security of freedom in a state: it ought therefore to be in-
violably preserved.
XXIII. Retrospective laws are highly injurious, oppres-
sive and unjust. No such laws therefore should be made,
either for the decision of civil causes, or the punishment of
offences.
XXIV. A well regulated militia is the proper, natural and
sure defence of a state.
XXV. Standing armies are dangerous to liberty, and
ought not to be raised, or kept up without the consent of
the legislature.
XXVI. In all cases and at all times, the military ought to
be under strict subordination to, and governed by, the civil
power.
XXVII. No soldier in time of peace, shall be quartered
in any house, without the consent of the owner ; and in
time of war, such quarters ought not to be made but by the
civil magistrate, in a manner ordained by the legislature.
* Be is omitted in the original.
174 STATE OF NEW HAMPSHIRE.
XXVIII. No subsidy, charge, tax, impost, or duty, shall
be established, fixed, laid, or levied, under any pretext what-
soever, without the consent of the people, or their represent-
atives in the legislature, or authority derived from that body.
XXIX. The power of suspending the laws, or the execu-
tion of them, ought never to be exercised but by the legisla-
ture, or by authority derived therefrom, to be exercised in
such particular cases only as the legislature shall expressly
provide for.
XXX. The freedom of deliberation, speech and debate,
in either house of the legislature, is so essential to the rights
of the people, that it cannot be the foundation of any action,
complaint, or prosecution, in any other court or place what-
soever.
XXXI. The legislature shall assemble for the redress of
publick grievances, and for making such laws as the publick
good may require.
XXXII. The people have a right in an orderly and peace-
able manner, to assemble and consult upon the common
good, give instructions to their representatives, and to re-
quest of the legislative body, by way of petition or remon-
strance, redress of the wrongs done them, and of the griev-
ances they suffer.
XXXIII. No magistrate, or court of law, shall demand
excessive bail or sureties, impose excessive fines, or inflict
cruel or unusual punishments.
XXXIV. No person can in any case be subjected to law-
martial, or to any pains or penalties by virtue of that law,
except those employed in the army or navy, and except the
militia in actual service, but by authority of the legislature.
XXXV. It is essential to the preservation of the rights
of every individual, his life, liberty, property, and character,
that there be an impartial interpretation of the laws and ad-
ministration of justice. It is the right of every citizen to be
tried by judges as impartial as the lot of humanity will admit.
It is therefore not only the best policy, but for the security
of the rights of the people, that the judges of the supreme
judicial court should hold their offices so long as they be-
have well : subject, however, to such limitations on account
of age, as may be provided by the constitution of the state :
JOURNAL OF CONVENTION. 1/5
and that they should have honorable salaries ascertained and
established by standing laws.
XXXVI. Economy being a most essential virtue in all
states, especially in a young one ; no pension shall be granted,
but in consideration of actual services ; and such pensions
ought to be granted with great caution by the legislature,
and never for more than one year at a time.
XXXVII. In the government of this state, the three es-
sential powers thereof, to wit, the legislative, executive and
judicial, ought to be kept as separate from, and independent
of each other, as the nature of a free government will admit,
or as is consistent with that chain of connection that binds
the whole fabric of the constitution in one indissoluble bond
of union and amity.
XXXVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence to
justice, moderation, temperance, industry, frugality, and all
the social virtues, are indispensably necessary to preserve
the blessings of liberty and good government ; the people
ought therefore to have a particular regard to all those prin-
ciples in the choice of their officers and representatives : and
they have a right to require of their law-givers and magis-
trates, an exact and constant observance of them, in the
formation and execution of the laws necessary for the good
administration of government.
PART SECOND.
FORM OF GOVERNMENT.
JL HE people inhabiting the territory formerly called the Prov-
ince of New-Hampshire, do hereby solemnly and mutually
agree with each other, to form themselves into a free, sov-
ereign and independent body-politic, or state, by the name
of the State of Nezu-Hainps/iirc.
GENERAL COURT.
The supreme legislative power, within this state, shall be
vested in the senate and house of representatives, each of
which shall have a negative on the other.
176 STATE OF NEW HAMPSHIRE.
The senate and house shall assemble every year on the
first Wednesday of June, and at such other times as they
may judge necessary ; and shall dissolve, and be dissolved
seven days next preceding the said first Wednesday of June ;
and shall be stiled tJie General Court of New-HainpsJiire.
The general court shall forever have full power and author-
ity to erect and constitute judicatories, and courts of record,
or other courts, to be holden in the name of the state, for the
hearing, trying and determining all manner of crimes, offen-
ces, pleas, processes, plaints, actions, causes, matters and
things whatsoever, arising or happening within this state, or
between or concerning persons inhabiting or residing, or
brought within the same ; whether the same be criminal or
civil, or whether the crimes be capital, or not capital, and
whether the said pleas be real, personal, or mixed ; and for
the awarding and issuing execution thereon. To which
courts and judicatories, are hereby given and granted, full
power and authority, from time to time, to administer oaths
or affirmations, for the better discovery of truth in any mat-
ter in controversy, or depending before them.
And further, full power and authority are hereby given
and granted to the said general court, from time to time to
make, ordain and establish, all manner of wholesome and
reasonable orders, laws, statutes, ordinances, directions and
instructions, either with penalties, or without, so as the same
be not repugnant or contrary to this constitution, as they
may judge for the benefit and welfare of this state, and for
the governing and ordering thereof, and of the subjects of
the same, for the necessary support and defence of the gov-
ernment thereof ; and to name and settle annually, or pro-
vide by fixed laws for the naming and settling, all civil officers
within this state ; such officers excepted, the election and ap-
pointment of whom are hereafter in this form of government
otherwise provided for ; and to set forth the several duties,
powers and limits, of the several civil and military officers of
this state, and the forms of such oaths or affirmations as shall
be respectively administered unto them, for the execution of
their several offices and places, so as the same be not repug-
nant or contrary to this constitution ; and also to impose
fines, mulcts, imprisonments and other punishments ; and to
impose and levy proportional and reasonable assessments,
rates and taxes, upon all the inhabitants of, and residents
JOURNAL OF CONVENTION. 1 7/
within, the said state ; and upon all estates within the same ;
to be issued and disposed of by warrant, under the hand of
the governor of this state for the time being, with the advice
and consent of the council, for the public service, in the nec-
essary defence and support of the government of this state,
and the protection and preservation of the subjects thereof,
according to such acts as are, or shall be in force within the
same.
And while the publick charges of government, or any part
thereof, shall be assessed on polls and estates in the manner
that has heretofore been practised ; in order that such as-
sessments may be made with equality, there shall be a valu-
ation of the estates within the state taken anew once in every
five years at least, and as much oftener as the general court
shall order.
No member of the general court shall take fees, be of
council, or act as advocate, in any cause before either branch
of the legislature ; and upon due proof thereof, such member
shall forfeit his seat in the legislature.
The doors of the galleries, of each house of the legislature,
shall be kept open to all persons who behave decently, ex-
cept when the welfare of the state, in the opinion of either
branch, shall require secrecy.
HOUSE OF REPRESENTATIVES.
There shall be, in the legislature of this state, a represen-
tation of the people, annually elected and founded upon prin-
ciples of equality: and in order that such representation
may be as equal as circumstances will admit, every town,
parish, or place entitled to town privileges, having one hun-
dred and fifty rateable male polls, of twenty-one years of age
and upwards, may elect one representative ; if four hundred
and fifty rateable polls, may elect two representatives ; and
so proceeding in that proportion, making three hundred such
rateable polls the mean increasing number, for every addi-
tional representative.
Such towns, parishes, or places, as have less than one hun-
dred and fifty rateable polls, shall be classed by the general
court for the purpose of choosing a representative, and sea-
sonably notified thereof. And in every class, formed for the
abovementioned purpose, the first annual meeting shall be
12
178 STATE OF NEW HAMPSHIRE.
held in the town, parish, or place, wherein most of the rate-
able polls reside ; and afterwards in that which has the next
highest number ; and so on annually by rotation, through
the several towns, parishes, or places, forming the district.
Whenever any town, parish, or place, entitled to town
privileges as aforesaid, shall not have one hundred and fifty
rateable polls, and be so situated as to render the classing
thereof with any other town, parish or place, very inconven-
ient, the general court may, upon application of a majority of
the voters in such town, parish, or place, issue a writ for their
electing and sending a representative to the general court.
The members of the house of representatives shall be
chosen annually in the month of March, and shall be the
second branch of the legislature.
All persons qualified to vote in the election of senators,
shall be entitled to vote within the district where they dwell,
in the choice of representatives. Every member of the
house of representatives shall be chosen by ballot ; and for
two years at least, next preceding his election, shall have
been an inhabitant of this state ; shall have an estate within
the district which he may be chosen to represent, of the
value of one hundred pounds, one half of which to be a free-
hold, wherof he is seized in his own right ; shall be at the
time of his election an inhabitant of the town, parish or
place he may be chosen to represent, shall be of the protes-
tant religion, and shall cease to represent such town, parish
or place, immediately on his ceasing to be qualified as afore-
said.
The members of both houses of the legislature shall be
compensated for their services out of the treasury of the
state, by a law made for that purpose ; such members attend-
ing seasonably, and not departing without license. All in-
termediate vacancies in the house of representatives, may be
filled up from time to time, in the same manner as annual
elections are made.
The house of representatives shall be the grand inquest
of the state ; and all impeachments made by them, shall be
heard and tried by the senate.
All money bills shall originate in the house of representa-
tives ; but the senate may propose, or concur with amend-
ments, as on other bills.
JOURNAL OF CONVENTION. 1 79
The house of representatives shall have power to adjourn
themselves, but no longer than two days at a time.
A majority of the members of the house of representa-
tives shall be a quorum for doing business ; but when less
than two thirds of the representatives elected shall be pres-
ent, the assent of two thirds of those members shall be nec-
essary to render their acts and proceedings valid.
No member of the house of representatives or senate,
shall be arrested or held to bail on mean process, during his
going to, returning from, or attendance upon the court.
The house of representatives shall choose their own
speaker, appoint their own officers, and settle the rules of
proceedings in their own house ; and shall be judge of the
returns, elections, and qualifications of its members, as
pointed out in this constitution. They shall have authority
to punish by imprisonment, every person who shall be guilty
of disrespect to the house in its presence, by any disorderly
and contemptuous behaviour, or by threatening or ill treat-
ing any of its members ; or by obstructing its dehberations ;
every person guilty of a breach of its privileges, in making
arrest for debt, or by assaulting any member during his
attendance at any session ; in assaulting or disturbing any
one of its officers in the execution of any order or procedure
of the house ; in assaulting any witness or other person,
ordered to attend, by, and during his attendance upon* the
house ; or in rescuing any person arrested by order of the
house, knowing them to be such. — The senate, governor and
council, shall have the same powers in like cases : provided,
that no imprisonment by either, for any offence, exceed ten
days.
The journals of the proceedings, and all publick acts of
both houses of the legislature, shall be printed and published
immediately after every adjournment or prorogation ; and
upon motion made by any one member, the yeas and nays
upon any question shall be entered upon the journal : And
any member of the senate or house of representatives, shall
have a right, on motion made at the time for that purpose,
to have his protest or dissent, with the reasons, against any
vote, resolve, or bill passed, entered on the journal.
*In the original it is attendance <y" the house.
l80 STATE OF NEW HAMPSHIRE.
SENATE.
The senate shall consist of twelve members, who shall
hold their office for one year from the first Wednesday of
June next ensuing their election.
And that the state may be equally represented in the
senate, the legislature shall, from time to time, divide the
state into twelve districts, as nearly equal as may be without
dividing towns and unincorporated places ; and in making
this division, they shall govern themselves by the proportion
of direct taxes paid by the said districts, and timely make
known to the inhabitants of the state the limits of each
district.
The freeholders and other inhabitants of each district,
qualified as in this constitution is provided, shall annually
give in their votes for a senator, at some meeting holden in
the month of March.
The senate shall be the first branch of the legislature ; and
the senators shall be chosen in the following manner, viz.
every male inhabitant of each town, and parish with town
privileges, and places unincorporated, in this state, of twenty-
one years of age and upwards, excepting paupers, and per-
sons excused from paying taxes at their own request, shall
have a right at the annual or other meetings of the inhab-
itants of said towns and parishes, to be duly warned and
holden annually forever in the month of March, to vote in
the town or parish wherein he dwells, for the senator in the
district whereof he is a member.
Provided nevertheless, That no person shall be capable of
being elected a senator, who is not of the protestant religion,
and seized of a freehold estate in his own right, of the value
of two hundred pounds, lying within this state, who is not of
the age of thirty years, and who shall not have been an in-
habitant of this state for seven years immediately preceding
his election, and at the time thereof he shall be an inhabi-
tant of the district for which he shall be chosen.
And every person, qualified as the constitution provides,
shall be considered an inhabitant for the purpose of electing
and being elected into any office or place within this state,
in the town, parish and plantation, where he dwelleth and
hath his home.
JOURNAL OF CONVENTION. l8l
And the inhabitants of plantations and places unincorpo-
rated, qualified as this constitution provides, who are or shall
be required to assess taxes upon themselves towards the sup-
port of government, or shall be taxed therefor, shall have the
same privilege of voting for senators, in the plantations and
places wherein they reside, as the inhabitants of the respec-
tive towns and parishes aforesaid have. And the meetings
of such plantations and places for that purpose shall be
holden annually in the month of March, at such places re-
spectively therein as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the electors,
collecting and returning the votes, as the selectmen and
town clerk have in their several towns by this constitution.
The meeting for the choice of governor, council, and sen-
ators, shall be warned by warrant from the selectmen, and
governed by a moderator, who shall in the presence of the
selectmen (whose duty it shall be to attend) in open meeting,
receive the votes of all the inhabitants of such towns and
parishes present, and qualified to vote for senators ; and
shall, in said meetings, in presence of the said selectmen,
and of the town clerk in said meetings, sort and count the
said votes, and make a public declaration thereof, with the
name of every person voted for, and the number of votes for
each person ; and the town clerk shall make a fair record of
the same at large, in the town book, and shall make out a
fair attested copy thereof, to be by him sealed up, and di-
rected to the secretary of the state, with a superscription
expressing the purport thereof : And the said town clerk
shall cause such attested copy to be delivered to the sheriff
of the county in which such town or parish shall lie, thirty
days at least before the first Wednesday of June, or to the
secretary of the state at least twenty days before the said
first Wednesday of June : and the sheriff of each county, or
his deputy, shall deliver all such certificates, by him received,
into the secretary's office, at least twenty days before the
first Wednesday of June.
And that there may be a due meeting of senators on the
first Wednesday of June annually, the governor, and a ma-
jority of the council for the time being, shall as soon as may
be, examine the returned copies of such records, and four-
teen days before the first Wednesday of June, he shall issue
his summons to such persons as appear to be chosen sena-
1 82 STATE OF NEW HAMPSHIRE.
tors, by a majority of votes, to attend and take their seats on
that day.
Provided nevertheless, That for the first year the said re-
turned copies shall be examined by the president, and a ma-
jority of the council then in office ; and the said president
shall in like manner notify the persons elected, to attend and
take their seats accordingly.
And in case there shall not appear to be a senator elected
by a majority of votes, for any district, the deficiency shall
be supplied in the following manner, viz., the members of the
house of representatives, and such senators as shall be de-
clared elected, shall take the names of the two persons hav-
ing the highest number of votes in the district, and out of
them shall elect, by joint ballot, the senator wanted for such
district ; and in this manner all such vacancies shall be filled
up in every district of the state, and in like manner all va-
cancies in the senate, arising by death, removal out of the
state, or otherwise, shall be supplied as soon as may be after
such vacancies happen.
The senate shall be final judges of the elections, returns
and qualifications of their own members, as pointed out in
this constitution.
The senate shall have power to adjourn themselves, pro-
vided such adjournment do not exceed two days at a time.
Provided nevertheless, That whenever they shall sit on
the trial of any impeachment, they may adjourn to such time
and place as they may think proper, although the legislature
be not assembled on such day, or at such place.
The senate shall appoint their president and other officers,
and determine their own rules of proceedings : and not less
than seven members of the senate shall make a quorum for
doing business ; and when less than eight senators shall be
present, the assent of five at least, shall be necessary to ren-
der their acts and proceedings valid.
The senate shall be a court, with full power and authority
to hear, try and determine, all impeachments made by the
house of representatives against any officer or officers of the
state, for bribery, corruption, mal-practice or mal-administra-
tion, in ofiice ; with full power to issue summons, or compul-
sory process, for convening witnesses before them : but pre-
JOURNAL OF CONVENTION. 1 83
vious to the trial of any such impeachment, the members of
the senate shall respectively be sworn truly and impartially
to tr}^ and determine the charge in question, according to
evidence. And every officer, impeached for bribery, corrup-
tion, mal-practice or mal-administration in office, shall be
served with an attested copy of the impeachment, and order
of senate thereon, with such citation as the senate may direct,
setting forth the time and place of their sitting to try the
impeachment ; which service shall be made by the sheriff,
or such other sworn officer as the senate may appoint, at
least fourteen days previous to the time of trial ; and such
citation being duly served and returned, the senate may pro-
ceed in the hearing of the impeachment, giving the person
impeached (if he shall appear) full liberty of producing wit-
nesses and proofs, and of making his defence, by himself
and council, and ma}' also, upon his refusing or neglecting to
appear, hear the proofs in support of impeachment, and ren-
der judgment thereon, his non-appearance notwithstanding;
and such judgments shall have the same force and effect as
if the person impeached had appeared and pleaded in the trial.
Their judgment, however, shall not extend further than re-
moval from office, disqualification to hold or enjoy any place
of honor, trust, or profit, under this state ; but the partv so
convicted, shall nevertheless be liable to indictment, trial,
judgment and punishment, according to the laws of the
land.
Whenever the governor shall be impeached, the chief jus-
tice of the supreme judicial court shall, during the trial, pre-
side in the senate, but have no vote therein.
EXECUTIVE POWER.
GOVERNOR.
There shall be a supreme executive magistrate, who shall
be stiled the Governor of the State of New-Hampshire, and
whose title shall be His Excellency.
The governor shall be chosen annually in the month of
March ; and the votes for governor shall be received, sorted,
counted, certified, and returned, in the same manner as the
votes for senators ; and the secretary shall lay the same be-
fore the senate and house of representatives, on the first
Wednesday of June, to be by them examined, and in case of
184 STATE OF NEW HAMPSHIRE.
an election by a majority of votes through the state, the
choice shall be by them declared and published.
And the qualifications of electors of the governor shall be
the same as those for senators ; and if no person shall have
a majority of votes, the senate and house of representatives
shall by joint ballot elect one of the two persons having the
highest number of votes, who shall be declared governor.
And no person shall be eligible to this office, unless at the
time of his election, he shall have been an inhabitant of this
state for seven years next preceding, and unless he shall be
of the age of thirty years, and unless he shall at the same
time have an estate of the value of five hundred pounds, one
half of which shall consist of a freehold in his own right
within this state, and unless he shall be of the protestant
religion.
In cases of disagreement between the two houses with
regard to the time or place of adjournment or prorogation,
the governor, with advice of council, shall have a right to
adjourn or prorogue the general court, not exceeding ninety
days at any one time, as he may determine the public good
may require, and he shall dissolve the same seven days be-
fore the said first Wednesday of June.
And in case of any infectious distemper prevailing in the
place where the said court at any time is to convene, or any
other cause, whereby dangers may arise to the health or
lives of the members from their attendance, the governor
may direct the session to be holden at some other the most
convenient place within the state.
Every bill which shall have passed both houses of the gen-
eral court, shall, before it become a law, be presented to the
governor ; if he approve, he shall sign it, but if not, he shall
return it with his objections, to that house in which it shall
have originated, who shall enter the objections at large on
their journal and proceed to reconsider it ; if after such re-
consideration, two thirds of that house shall agree to pass
the bill, it shall be sent, together with such objections, to the
other house, by which it shall likewise be reconsidered, and
if approved by two thirds of that house, it shall become a
law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons,
voting for or against the bill, shall be entered on the journal
JOURNAL OF CONVENTION. 1 85
of each house respectively. If any bill shall not be returned
by the governor, within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law in
like manner as if he had signed it, unless the legislature, by
their adjournment, prevent its return, in which case it shall
not be a law.
Every resolve shall be presented to the governor, and be-
fore the same shall take effect, shall be approved by him, or
being disapproved by him, shall be repassed by the senate
and house of representatives, according to the rules and limi-
tations prescribed in the case of a bill.
All judicial officers, the attorney general, solicitors, all
sheriffs, coroners, registers of probate, and all officers of the
navy, and general and field officers of the militia, shall be
nominated and appointed by the governor and council ; and
every such nomination shall be made at least three days
prior to such appointment ; and no appointment shall take
place, unless a majority of the council agree thereto. The
governor and council shall have a negative on each other,
both in the nominations and appointments. Every nomina-
tion and appointment shall be signed by the governor and
council, and every negative shall be also signed by the gov-
ernor or council, who made the same.
The captains and subalterns in the respective regiments,
shall be nominated and recommended by the field officers to
the governor, who is to issue their commissions immediately
on receipt of such recommendation.
Whenever the chair of the governor shall become vacant,
by reason of his death, absence from the state, or otherwise,
the president of the senate shall, during such vacancy, have
and exercise all the powers and authorities which, by this
constitution the governor is vested with, when personally
present ; but when the president of the senate shall exercise
the office of governor, he shall not hold his office in the
senate.
The governor, with advice of council, shall have full power
and authority in the recess of the general court, to prorogue
the same from time to time, not exceeding ninety days in
any one recess of said court ; and during the sessions of
said court, to adjourn or prorogue it to any time the two
houses may desire, and to call it together sooner than the
1 86 STATE OF NEW HAMPSHIRE.
time to which it may be adjourned or prorogued, if the wel-
fare of the state should require the same.
The governor of this state for the time being, shall be
commander in chief of the army and navy, and all the mili-
tary forces of the state, by sea and land ; and shall have full
power by himself, or by any chief commander, or other officer
or officers, from time to time, to train, instruct, exercise and
govern the militia and navy ; and for the special defence and
safety of this state, to assemble in martial array, and put in
warlike posture the inhabitants thereof, and to lead and con-
duct them, and with them to encounter, repulse, repel, resist
and pursue by force of arms, as well by sea as by land, within
and without the limits of this state ; and also to kill, slay, de-
stroy if necessary, and conquer by all fitting ways, enterprise
and means, all and every such person and persons as shall at any
time hereafter, in a hostile manner, attempt or enterprise the
destruction, invasion, detriment or annoyance of this state ;
and to use and exercise over the army and navy, and over
the militia in actual service, the law martial in time of war,
invasion, and also in rebellion, declared by the legislature to
exist as occasion shall necessarily require : and surprise by
all ways and means whatsoever, all and every such person or
persons, with their ships, arms, ammunition, and other goods,
as shall in a hostile manner invade, or attempt the invading,
conquering or annoying this state ; and in fine, the governor
hereby is entrusted with all other powers incident to the
office of captain general and commander in chief and admi-
ral, to be exercised agreeably to the rules and regulations of
the constitution and the laws of the land : provided, that the
governor shall not at any time hereafter, by virtue of any
power by this constitution granted or hereafter to be granted
to him by the legislature, transport any of the inhabitants of
this state, or oblige them to march out of the limits of the
same, without their free and voluntary consent, or the con-
sent of the general court, nor grant commissions for exercis-
ing the law martial in any case, without the advice and con-
sent of the council.
The power of pardoning offences, except such as persons
may be convicted of before the senate by impeachment of
the house, shall be in the governor, by and with the advice
of the* council : but no charter of pardon granted by the
*The is omitted in the original.
JOURNAL OF CONVENTION. 1 8/
governor with advice of council, before conviction, shall avail
the party pleading the same, notwithstanding any general or
particular expressions contained therein, descriptive of the
offence or offences intended to be pardoned.
No officer duly commissioned to command in the militia
shall be removed from his ofhce, but by the address of both
houses to the governor, or by fair trial in court-martial, pur-
suant to the laws of the state for the time being.
The commanding officers of the regiments shall appoint
their adjutants and quarter-masters ; the brigadiers, their
brigade-majors ; the major-generals, their aids ; the captains
and subalterns, their non-commissioned officers.
The division of the militia into brigades, regiments and
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper division of the mi-
litia of this state, until the same shall be altered by some fu-
ture law.
No monies shall be issued out of the treasury of this state
and disposed of (except such sums as may be appropriated
for the redemption of bills of credit, or treasurer's notes, or
for the payment of interest arising thereon) but by warrant
under the hand of the governor for the time being, by and
with the advice and consent of the council, for the necessary
support and defence of this state, and for the necessary pro-
tection and preservation of the inhabitants thereof, agreeably
to the acts and resolves of the general court.
All publick boards, the commissary-general, all superintend-
ing officers of publick magazines and stores belonging to this
state, and all commanding officers of forts and garrisons
within the same, shall once in every three months, officially
and without requisition, and at other times when required
by the governor, deliver to him an account of all goods,
stores, provisions, ammunition, cannon, with their appen-
dages, and all small arms with their accoutrements, and of
all other public property under their care respectively, dis-
tinguishing the quantity and kind of each, as particularly as
may be, together with the condition of such forts and garri-
sons ; and the commanding officer shall exhibit to the gov-
ernor, when required by him, true and exact plans of such
forts, and of the land and sea, or harbour or harbours adja-
cent.
1 88 STATE OF NEW HAMPSHIRE.
The governor and council shall be compensated for their
services, from time to time, by such grants as the general
court shall think reasonable.
Permanent and honorable salaries shall be established by
law, for the justices of the superior court.
COUNCIL.
There shall be annually elected by ballot five counsellors,
for advising the governor in the executive part of govern-
ment. The freeholders and other inhabitants in each coun-
ty, qualified to vote for senators, shall some time in the
month of March, give in their votes for one counsellor ;
which votes shall be received, sorted, counted, certified and
returned to the secretary's office, in the same manner as the
votes for senators, to be by the secretary laid before the
senate and house of representatives on the first Wednesday
of June.
And the person having a majority of votes in any county,
shall be considered as duly elected a counsellor ; but if no
person shall have a majority of votes in any county, the
senate and house of representatives shall take the names of
the two persons who have the highest number of votes in
each county, and not elected, and out of those two, shall
elect by joint ballot, the counsellor wanted for such county :
and the qualifications for counsellors shall be the same as
for senators.
If any person thus chosen a counsellor shall be elected
governor or member of either branch of the legislature, and
shall accept the trust, or if any person elected a counsellor,
shall refuse to accept the office, or in case of the death,
resignation, or removal of any counsellor out of the state,
the governor may issue a precept for the election of a new
counsellor in that county where such vacancy shall happen,
and the choice shall be in the same manner as before direct-
ed ; and the governor shall have full power and authority to
convene the council, from time to time, at his discretion ;
and with them, or the majority of them, may and shall from
time to time hold a council for ordering and directing the
affairs of the state according to the laws of the land.
The members of the council may be impeached by the
house and tried by the senate, for bribery, corruption, mal-
practice, or mal-administration.
JOURNAL OF CONVENTION. 1 89
The resolutions and advice of the council shall be record-
ed by the secretary in a register, and signed by all the mem-
bers present agreeing thereto ; and this record may be called
for at any time by either house of the legislature ; and any
member of the council may enter his opinion contrary to
the resolutions of the majority, with the reasons for such
opinion.
The legislature may, if the publick good shall hereafter re-
quire it, divide the state into five districts, as nearly equal
as may be, governing themselves by the number of rateable
polls and proportion of publick taxes ; each district to elect
a counsellor : and in case of such division, the manner of
the choice shall be conformable to the present mode of
election in counties.
And whereas the elections appointed to be made by this
constitution on the first Wednesday of June annually by the
two houses of the legislature, may not be completed on that
day, the said elections may be adjourned from day to day,
until the same be completed ; and the order of the elections
shall be as follows : the vacancies in the senate (if any) shall
be first filled up ; the governor shall then be elected, pro-
vided there shall be no choice of him by the people ; and
afterwards the two houses shall proceed to fill up the vacan-
cy (if any) in the council.
SECRETARY, TREASURER, COMMISSARY-GENERAL, &C.
The secretary, treasurer, and commissary-general, shall be
chosen by joint ballot of the senators and representatives
assembled in one room.
The records of the state shall be kept in the ofifice of the
secretary ; and he shall attend the governor and council, the
senate and representatives, in person or by deputy, as they
may require.
The secretary of the state shall at all times have a deputy,
to be by him appointed ; for whose conduct in office he shall
be responsible : and in case of the death, removal, or ina-
bility, of the secretary, his deputy shall exercise all the du-
ties of the office of secretary of this state, until another shall
be appointed.
The secretary before he enters upon the business of his
office, shall give bond with sufficient sureties, in a reasonable
1 90 STATE OF NEW HAMPSHIRE.
sum, for the use of the state, for the punctual performance
of his trust.
COUNTY TREASURER, &C.
The county treasurers and registers of deeds, shall be
elected by the inhabitants of the several towns, in the sev-
eral counties in the state, according to the method now
practised, and the laws of the State.
Provided nevertheless, The legislature shall have authority
to alter the manner of certifying the votes and the mode of
electing those officers ; but not so as to deprive the people of
the right they now have of electing them.
And the legislature, on the application of the major part
of the inhabitants of any county, shall have authority to
divide the same into two districts for registering deeds, if
to them it shall appear necessary; each district to elect a
register of deeds : and before they enter upon the business
of their offices, shall be respectively sworn faithfully to dis-
charge the duties thereof, and shall severally give bond, with
sufficient sureties, in a reasonable sum, for the use of the
county, for the punctual performance of their respective
trusts.
JUDICIARY POWER.
The tenure that all commissioned officers shall have by law
in their offices, shall be expressed in their respective commis-
sions— all judicial officers duly appointed, commissioned and
sworn, shall hold their offices during good behaviour, excepting
those concerning whom there is a different provision made
in this constitution : Pi'ovided 7ievertJieless, the governor,*
with consent of counsel, may remove them upon the address
of both houses of the legislature.
Each branch of the legislature, as well as the governor
and council, shall have authority to require the opinions of
the justices of the superior court, upon important questions
of law and upon solemn occasions.
In order that the people may not suffer from the long
continuance in place of any justice of the peace, who shall
fail in discharging the important duties of his office with
ability and fidelity, all commissions of justices of the peace
shall become void at the expiration of five years from their
♦This vi^s president in the original.
JOURNAL OF CONVENTION. I9I
respective dates, and upon the expiration of any commission
the same may if necessary be renewed, or another person
appointed, as shall most conduce to the well being of the
state.
All causes of marriage, divorce and alimony, and all
appeals from the respective judges of probate, shall be heard
and tried by the superior court until the legislature shall by
law make other provision.
The general court are empowered to give to justices of
the peace, jurisdiction in civil causes, when the damages
demanded shall not exceed four pounds^ and title of real
estate is not concerned ; but with right of appeal to either
party, to some other court, so that a trial by jury in the last
resort may be had.
No person shall hold the ofihce of judge of any court, or
judge of probate, or sheriff of any county, after he has
attained the age of seventy years.
No judge of any court, or justice of the peace, shall act
as attorney, or be of counsel to any party, or originate any
civil suit in matters which shall come, or be brought before
him as judge, or justice of the peace.
All matters relating to the probate of wills and granting
letters of administration, shall be exercised by the judges of
probate in such manner as the legislature have directed, or
may hereafter direct ; and the judges of probate shall hold
their courts at such j^lace or places, on such fixed days, as
the conveniency of the people may require, and the legisla-
ture from time to time appoint.
No judge, or register of probate, shall be of counsel, act
as advocate, or receive any fees as advocate or counsel, in
any probate business which is pending, or may be brought
into any court of probate in the county of which he is judge
or register.
CLERKS OF COURT.
The judges of the courts (those of probate excepted) shall
appoint their resj^ective clerks, to hold their office during
pleasure : and no such clerk shall act as an attorney, or be
of counsel in any cause in the court of which he is clerk,
nor shall he draw any writ originating a civil action.
192 STATE OF NEW HAMPSHIRE.
ENCOURAGEMENT OF LITERATURE, &c.
Knowledge and learning, generally diffused through a
community, being essential to the preservation of a free
government ; and spreading the opportunities and advan-
tages of education through the various parts of the country,
being highly conducive to promote this end ; it shall be the
duty of the legislators and magistrates, in all future periods
of this government, to cherish the interest of literature and
the sciences, and all seminaries and publick schools ; to en-
courage private and publick institutions, rewards and immu-
nities for the promotion of agriculture, arts, sciences, com-
merce, trades, manufactures, and natural history of the
country ; to countenance and inculcate the principles of hu-
manity and general benevolence, publick and private charity,
industry and economy, honesty and punctuality, sincerity,
sobriety, and all social affections, and generous sentiments,
among the people.
OATH AND SUBSCRIPTIONS ; EXCLUSION FROM OFFICES ; COMMISSIONS ;
WRITS : CONFIRMATION OF LAWS ; HABEAS CORPUS ; THE ENACTING
STILE ; CONTINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVI-
SION OF THE CONSTITUTION, &C.
Any person chosen governor, counsellor, senator, or rep-
resentative, military or civil officer, (town officers excepted)
accepting the trust, shall, before he proceeds to execute the
duties of his office, make and subscribe the following decla-
ration, viz.
I, A. B., do solemnly, swear, that I will bear faith and true
allegiance to the State of New-Hampshire, and will support
the constitution thereof. So Jielp nie God.
I, A. B., do solemnly and sincerely swear and affirm, that
I will faithfully and impartially discharge and perform all the
duties incumbent on me as according to the best of
my abilities, agreeably to the rules and regulations of this
constitution, and the laws of the State of New-Hampshire.
So help me God.
Any person having taken and subscribed the oath of alle-
giance, and the same being filed in the secretary's office, he
shall not be obliged to take said oath again.
Provided ahvays, When any person chosen or appointed
as aforesaid, shall be of the denomination called quakers, or
JOURNAL OF CONVENTION. I93
shall be scrupulous of swearing, and shall decline taking the
said oaths, such persons shall take and subscribe them, omit-
ting the word swear, and likewise the words so help me God,
subjoining instead thereof, tJiis I do tmder ike pains afid pen-
alties of perjury.
And the oaths or affirmations shall be taken and subscrib-
ed by the governor, before the president of the senate, in
presence of both houses of the legislature, and by the sena-
tors and representatives first elected under this constitution,
as altered and amended, before the president of the state,
and a majority of the council then in office, and forever af-
terwards before the governor and council for the time being ;
and by all other officers, before such persons and in such
manner as the legislature shall from time to time appoint.
All commissions shall be in the name of the State of New-
Hampshire, signed by the governor and attested by the sec-
retary, or his deputy, and shall have the great seal of the
state affixed thereto.
All writs issuing out of the clerk's office in any of the
courts of law, shall be in the name of the State of New-
Hampshire ; shall be under the seal of the court whence
they issue, and bear test of the chief, first, or senior justice
of the court; but when such justice shall be interested, then
the writ shall bear test of some other justice of the court to
which the same shall be returnable ; and be signed by the
clerk of such court.
All indictments, presentments, and informations, shall
conclude, against the peace and dignity of the state.
The estates of such persons as may destroy their own
lives, shall not for that offence be forfeited, but descend or
ascend in the same manner as if such persons had died in a
natural way ; nor shall any article which shall accidentally
occasion the death of any person, be henceforth deemed a
deodand, or in any wise forfeited on account of such misfor-
tune.
All the laws which have heretofore been adopted, used and
approved, in the province, colony, or State of New-Hamp-
shire, and usually practised on in the courts of law, shall
remain and be in full force until altered and repealed by the
legislature ; such parts thereof only excepted, as are repug-
10
o
194 STATE OF NEW HAMPSHIRE.
nant to the rights and liberties contained in this constitu-
tion ; provided that nothing herein contained, when com-
pared with the 23d article in the bill of rights, shall be con-
strued to affect the laws already made respecting the per-
sons, or estates, of absentees.
The privilege and benefit of the habeas corpus, shall be
enjoyed in this state, in the most free, easy, cheap, expedi-
tious, and ample manner, and shall not be suspended by the
legislature, except upon the most urgent and pressing occa-
sions, and for a time not exceeding three months.
The enacting stile in making and passing acts, statutes,
and laws, shall be — Be it enacted by the senate and house of
representatives, in general conrt convened.
No governor, or judge of the supreme judicial court shall
hold any office or place under the authority of this state, ex-
cept such as by this constitution they are admitted to hold,
saving that the judges of the said court may hold the office*
of justice of the peace throughout the state ; nor shall they
hold any place or office, or receive any pension or salary,
from any other state, government, or power whatever.
No person shall be capable of exercising at the same time
more than one of the following offices within this state, viz.
judge of probate, sheriff, register of deeds ; and never more
than two offices of profit, which may be held by appointment
of the governor, or governor and council, or senate and
house of representatives, or superior or inferior courts ; mil-
itary offices and offices of justices of the peace excepted.
No person holding the office of judge of any court (except
special judges,) secretary, treasurer of the state, attorney-
general, commissary-general, military officers receiving pay
from the continent of this state (excepting officers of the
militia, occasionally called forth on an emergency) register
of deeds, sheriff, or officers of the customs, including naval
officers, collectors of excise and state and continental taxes,
hereafter appointed and not having settled their accounts
with the respective officers with whom it is their duty to
settle such accounts, members of congress, or any person
holding any office under the United States, shall at the same
time hold the office of governor, or have a seat in the senate,
* In the original, offices.
JOURNAL OF CONVENTION. I95
or house of representatives, or council ; but his being chosen
and appointed to, and accepting the same, shall operate as
a resignation of their seat in the chair, senate, or house of
representatives, or council ; and the place so vacated shall
be filled up. No member of the council shall have a seat in
the senate or house of representatives.
No person shall ever be admitted to hold a seat in the leg-
islature, or any office of trust or importance, under this gov-
ernment, who in the due course of law has been convicted
of bribery or corruption in obtaining an election or appoint-
ment.
In all cases where sums of money are mentioned in this
constitution, the value thereof shall be computed in silver at
six shillings and eight pence per ounce.
To the end that there may be no failure of justice, or dan-
ger to the state by the alterations and amendments made in
the constitution, the general court is hereby fully authorized
and directed to fix the time when the alterations and amend-
ments shall take effect, and make the necessary arrange-
ments accordingly.*
It shall be the duty of the selectmen and assessors, of the
several towns and places in this state, in warning the first
annual meetings for the choice of senators, after the expira-
tion of seven years from the adoption of this constitution as
amended, to insert expressly in the warrant, this purpose
among the others for the meeting, to wit, to take the sense
of the qualified voters on the subject of a revision of the con-
stitution ; and the meeting being warned accordingly (and
not otherwise) the moderator shall take the sense of the qual-
ified voters present, as to the necessity of a revision ; and a
return of the number of votes for and against such necessity,
shall be made by the clerk, sealed up and directed to the
general court, at their then next session ; and if it shall ap-
pear to the general court by such return, that the sense of
the people of the state has been taken, and that in the opin-
ion of the majority of the qualified voters in the state, pres-
ent and voting at said meetings, there is a necessity for a
revision of the constitution, it shall be the duty of the gen-
eral court to call a convention for that purpose, otherwise
the general court shall direct the sense of the people to be
* Sec Act of 14th Dec, 1792.
196 STATE OF NEW HAMPSHIRE.
taken, and then proceed in the manner before mentioned.
The delegates to be chosen in the same manner, and propor-
tioned as the representatives to the general court ; provided
that no alterations shall be made in this constitution, before
the same shall be laid before the towns and unincorporated
places, and approved by two thirds of the qualified voters
present and voting on the subject.
And the same methods of taking the sense of the people,
as to a revision of the constitution, and calling a convention
for that purpose, shall be observed afterwards, at the expira-
tion of every seven years.
This form of government shall be enrolled on parchment,
and deposited in the secretary's office, and be a part of the
laws of the land : and printed copies thereof shall be pre-
fixed to the books containing the laws of this state, in all
future editions thereof.
THE CONTROVERSY
BETWEEN
NEW HAMPSHIRE, NEW YORK, AND VERMONT,
RELATING TO THE
i(
NEW HAMPSHIRE GRANTS"
(so called)
FROM 1749 TO 1791;
INCLUDING THE TROUBLES IN BORDER
TOWNS ON BOTH SIDES OF THE
CONNECTICUT RIVER.
[Pages in the margin correspond with the originals on file, of New
Hampshire papers.]
NOTES BY THE EDITOR.
The several papers and documents which follow in this volume, relat-
ing to the great controversy in which New Hampshire was involved,
with New York and Vermont, through a period of more than forty years,
were chiefly copied from a manuscript volume in the office of the Secre-
tary of State, N. H., as they were filed and arranged by the late John
Farmer, Esq., under authority of the legislature. The order in which
these papers were arranged has ordinarily been followed by the editor.
They have never before been published, by authority.* Other official
papers and documents, from New York and Vermont, have been intro-
duced, as judged expedient, to elucidate or confirm our own ; or to form
connecting links in the history, which otherwise might be obscure.
The editor has also added notes and marginal references as helpful to
readers.
It is well to bear in mind that these papers and documents are 07t the
New Hampshire side of the controversy ; and that a full, authentic, and
complete history of the affair can be gathered only from like papers
and documents which belong to the other states involved. The New
York documents are mostly published, it is believed, in the Colonial
Documentary History of that state — now in our state library — and may
be found by reference to the General Index, under the head of "New
Hampshire" and "New Hampshire Grants," &c. The Vermont papers
are very copious, and may be found in Slade's Vermont State Papers,
1823 ; in Records of Governor & Council, Ver., vols. I and II ; in Coll.
of Ver. Hist. Soc, vols. I and II ; and in current histories of Vermont,
by Samuel Williams, d. d., Hiland Hall, and Benjamin H. Hall.
In order to give distinctness, and to mark the progress of the long
controversy in which New Hampshire was involved, in relation to the
abovesaid Grants ; and also to the troubles and conflicts on border towns
lying east and west of Connecticut river, the editor has thought proper
to arrange the documents relating to these several matters, as they oc-
curred, under distinct Sections, as in the following pages.
*The late Capt. Wm. F. Goodwin made a copy of these papers, privately, in full or in
part, and they were printed in successive numbers of the Historical Magazine , 1872, pub-
lished by Henry B. Dawson, Morrisania, N. Y. — Ed.
SECTION I.
Controversy with New York in Relation to Bound-
aries.
CORRESPONDENCE.
[Copied from Vermont State Papers, by William Slade, jun., 1823,
pp. 10-17.]
[Note. The Correspondence at this time between the governors of
New Hampshire and New York was had with a view of ascertaining and
settling the western line of jurisdiction of the province of New Hamp-
shire.— y. Farmer.']
Letter from Gov. Bennmg WentzvortJi to the Governor of
New York.
Portsmouth, Nov. 17, 1749.
Sir —
I have it in command from his Majesty, to make grants
of the unimproved lands within my government, to such of
the inhabitants and others as shall apply for grants for the
same, as will oblige themselves to settle and improve, agree-
able to his Majesty's Instructions.
The war hitherto has prevented me from making so great
a progress as I hoped for, on my first appointment ; but as
there is a prospect of a lasting peace with the Indians, in
which your Excellency has had a great share, people are
daily applying for grants of land in all quarters of this gov-
ernment, and particularly some for townships to be laid out
in the western part thereof, which will fall in the neighbor-
hood of your government. I think it my duty to apprise
you thereof, and to transmit to your Excellency the descrip-
tion of New Hampshire, as the King has determined it in
the words of my commission ; which, after you have con-
sidered, I shall be glad you will be pleased to give me your
200 NEW HAMPSHIRE GRANTS.
sentiments in what manner it will affect the grants made
by you or preceding Governors ; it being my intention to
avoid, as much as I can, consistent with his Majesty's in-
structions, interfering with your government.
In consequence of His Majesty's determination of the
boundaries between New Hampshire and Massachusetts, a
surveyor and proper chainmen were appointed to run the
western line from three miles north of Patucket Falls ; and
the surveyor, upon oath, has declared that it strikes Hud-
son's River about eighty poles north of where Mohawk's
River comes into Hudson's River, which I presume is north
of the city of Albany ; for which reason it will be necessary
for me to be informed, how far north of Albany the govern-
ment of New York extends by His Majesty's commission
to your Excellency, and how many miles to the eastward of
Hudson's River, to the northward of the Massachusetts
line, that I may govern myself accordingly. And if, in the
execution of the King's commands with respect to the lands,
I can oblige any of your Excellency's friends, I am always
at your service. 1 am, with the greatest respect. Sir,
your Excellency's most obedient humble servant.
B. Wentworth.
Minutes of the Cotmcil of Nezv York.
Council Chamber, City of New York, April 3d, 1750.
His Excellency communicated to the Board a letter
from the Hon. Benning Wentworth, Esq. Governor of
New Hampshire, dated the 17th November last, acquaint-
ing his Excellency, that he has it in command from his
Majesty, to make grants of the unimproved lands in New
Hampshire government, and therefore desiring information,
how far north of Albany this Province extends, and how
many miles to the eastward of Hudson's River, to the north-
ward of the Massachusetts line, that he may govern himself
accordingly. Also an extract of his Majesty's letters patent
to Governor Wentworth respecting the boundaries of New
Hampshire.* And his Excellency having required the ad-
vice of the Board thereupon, the council humbly advised
his Excellency to acquaint Governor Wentworth, in answer
to his said letter, that this province is bounded eastward by
*Sec Commission of Gov. B. Wentworth, Prov. Pap., Vol. VI, pp. 90S, 909. — Ed.
CONTROVERSY WITH NEW YORK. 201
Connecticut River; the letters patent from King Charles
II. to the Duke of York, expressly granting 'all the lands
from the west side of Connecticut River to the east side of
Delaware Bay.'
N. B. The above resolve was communicated to Governor
Wentworth in a letter, dated April 9^^ 1750, by G. Clinton,
Governor of New York.*
Letter from Gov. Benni7ig Wentworth to Gov. George
Clint 071.
Portsmouth, April 25, 1750.
Sir —
I have the honour of your Excellency's letter of the 9*^
instant before me, in which you are pleased to give me the
opinion of his Majesty's Council of your government, that
Connecticut River is the eastern boundary of New York
government ; — which would have been entirely satisfactory
to me on the subject of my letter, had not the two charter
governments of Connecticut and Massachusetts-Bay extend-
ed their bounds many miles to the westward of said river;
and it being the opinion of his Majesty's Council of this
government, whose advice I am to take on these occasions,
that New Hampshire had an equal right to claim the same
extent of western boundaries with those charter govern-
ments : I had, in consequence of their advice, before your
letter came to my hands, granted one township due north
of the Massachusetts line, of the contents of six miles
square, and by measurement twenty-four miles east of the
city of Albany ; presuming that this government was
bounded by the same north and south line with Connecti-
cut and the Massachusetts-Bay, before it met with his
Majesty's other governments. Although I am prohibited
by his Majesty's commission to interfere with his other
governments, yet it is presumed that I should strictly ad-
here to the limits prescribed therein ; and I assure you that
I am very far from desiring to make the least encroachment
or set on foot any dispute on these points. It will therefore
give me great satisfaction, if at your leisure, you can inform
* George Clinton, governor of the province of New York at this time, received his appoint-
ent in 1743. He was the j'oungest son of Francis Clinton, the Earl of Lincoln. His admin-
tration, attended with much turbulence, continued ten years, or till Oct., 1753. — Ed.
ment
istration
202 NEW HAMPSHIRE GRANTS.
me, by what authority Connecticut and the Massachusetts
governments claimed so far to the westward as they have
settled ; and in the mean time I shall desist from making
any further grants on the western frontier of my govern-
ment, that may have the least probability of interfering
with your government. 1 am, with great respect. Sir,
your Excellency's most obedient humble servant.
B. Wentworth.
Letter from Gov. Clinton to Gov. Wentzvorth.
June 6*^ 1750.
Sir —
I have received your letter of the 25^'^ April last, in
answer to mine of the 9*^ of the same month, respecting
the eastern boundary of this province, wherein you desire
to be informed by what authority Connecticut and the
Massachusetts governments claim so far to the westward
as they have settled.
As to Connecticut, their claim is founded upon an agree-
ment with this government, in or about the year 1684,
afterwards confirmed by King William, in consequence of
which the lines between the two governments were run,
and the boundaries marked in the year 1725, as appears by
the commissioners and surveyors proceedings, of record
here. But it is presumed the Massachusetts government,
at first, possessed themselves of those lands by intrusion,
and through the negligence of this government have hither-
to continued their possession, the lands not being private
property.
From the information I have, there is reason to appre-
hend that the lands within the township you have lately
granted, or part of them, have been granted here : And as
my answer to your letter might probably have furnished
you with objections against any grant which might interfere
with this province, I am surprised you did not wait till it
came to hand, before you proceeded therein. If it is still in
your power to recall the grant, your doing so will be but a
piece of justice to this government : otherwise I shall think
myself obliged to send a representation of the matter to be
laid before his Majesty.
I am, &c.,
CONTROVERSY WITH NEW YORK. 203
Letter from Gov. Wentworth to Gov. Clinton.
Portsmouth, June 22^\ 1750.
Sir —
As soon as your letter of the 6^^ inst. came to my hands,
I thought it proper to have the sense of his Majesty's
Council thereon, who were unanimously of the opinion, not
to commence a dispute with your Excellency's government
respecting the extent of the western boundary to New
Hampshire, until his Majesty's pleasure should be further
known ; accordingly the council have advised, that I shall,
on the part of New Hampshire, make a representation of
the matter to his Majesty, relying that your Excellency will
do the same on the part of New York ; and that whatever
shall be determined thereon, this government will esteem it
their duty to acquiesce in, without any farther dispute,
which I am hoping will be satisfactory on that point.
When I first wrote you on this subject, I thought I had
given sufficient time to receive an answer to my letter, be-
fore I had fixed the day for passing the grant referred to in
your letter ; and as the persons concerned therein lived at a
great distance, it was inconvenient for them to be delayed
beyond the appointed time : I was not apprehensive any
difficulty could arise by confining myself to the western
boundaries of the two charter-governments ; accordingly I
passed the patent about ten days before your favor of the
9*^ of April, 1750, came to hand. There is no possibility of
vacating the grant as you desire ; but if it falls by his
Majesty's determination in the government of New York,
it will be void of course. I shall be glad the method I have
proposed may be agreeable to your province ; and if sub-
mitting the affair to his Majesty meets with your approba-
tion, I shall, upon receiving an answer, lose no time in
transmitting what concerns this province to the proper
offices.
I am with the greatest respect. Sir, your Excellency's
most obedient humble servant.
B. Wentworth.
Letter from Gov. Clinton to Gov. Wentworth.
New York, July 25"\ 1750.
Sir —
I have taken the sense of his Majesty's Council on your
204 NEW HAMPSHIRE GRANTS.
Excellency's letter of the 22*^ ult. respecting the extent of
the western boundary of your government, who think it
highly expedient I should lay before his Majesty a repre-
sentation of the matter on the part of this province ; and as
you propose to do the like on the part of New Hampshire,
they are of opinion it will be for the mutual advantage of
both governments, if we exchange copies of each others
representation on this head. If you approve of this, I will
send you a copy of mine accordingly.
I am, &c.
Bennington Jan. 3
Halifax May 1 1
Marlborougli, now New Marlborough ^ April 19
" " Regranted ^ April 17
Draper, formerly Wilmington \ April 29
" " Regranted ^ June 17
Westminster Nov. 9
Rockingham Dec. 28
Woodford Mar. 6
New Stampford, formerly Stampford Mar. 6
Townsend June 20
Hinsdale Sept. 5
Brattleborough Dec. 26
Fulham Dec. 26
Putney Dec. 26
Hampstead, alias Chester ^ Feb. 22
" " Regranted ^ Nov. 3
Guilford April 2
Thomlinson ^ April 6
' ' Regranted I Sept. i
Pownall Jan. 8
Hartford July 4
Norwich July 4
Saltash July 6
Reading July 6
Windsor July 6
Killington July 7
Pomfret July 8
Hertford , July 10
Woodstock July 10
Bridgewater July 10
Bernard July 17
* The list here given is copied fi-om Blade's " State Papers " on the controversy with New
York, &c., — pp. 13-16, — and is believed to be correct. — Ed.
CONTROVERSY WITH NEW YORK. 205
Names of Toxunships . Date of the Grants.
Stockbridge July 21, 1761
Arlington July 28, 1761
Sunderland July 29, 1761
Manchester Aug. 1 1 , 1761
Sandgate Aug. 11, 1761
Thetford Aug. 12, 1761
Strafford Aug. 12, 1761
Sharon Aug. 17, 1761
Springfield Aug, 20, 1761
Weathersfield Aug. 20, 1761
Dorset Aug. 20, 1 761
Rupert Aug. 20, 1761
Shaftsbury Aug. 20, 1761
Glassenburg Aug. 20, 1761
Pawlet Aug. 26, 1761
Danby Aug. 27, 1761
Harwicke Aug. 28, 1761
Tunbridge Sept. 3, 1761
Shrewsbury Sept. 4, 1761
Clarendon. , Sept. 5, 1761
Rutland Sept. 7, 1761
Fairley Sept. 9, 1761
Tinmouth Sept. 15, 1761
Winhall Sept. 15, 1761
Wells Sept. 15, 1761
Ludlow Sept. 16, 1761
Poultney Sept. 21, 1761
Castleton Sept. 22, 1761
Shoreham Oct. 8, 1761
Bredport Oct. 9, 1761
Guildhall Oct. 10, 1761
Granby Oct. 10, 1761
Cavendish Oct. 12, 1761
Maidstone Oct. 12, 1761
Ferdinand Oct. 13, 1761
Brunswick Oct. 13, 1761
Winlock Oct. 13, 1761
Bromley Oct. 13, 1761
Andover Oct. 13, 1761
Addison Oct. 14, 1761
Cornwall Oct. 14, 1761
Leicester Oct. 20, 1761
Middleborough Nov. 2, 1761
New Haven Nov. 2, 1761
Salisbury : Nov. 3, 1761
Weybridge Nov. 3, 1761
Fane, now New-Fane Nov. 3, 1761
Wallingford Nov. 27, 1761
Hindsborough June 21, 1762
Ferisbourg June 24, 1762
Monckton June 24, 1762
Charlotte June 24, 1762
Pocock June 26, 1762
206 NEW HAMPSHIRE GRANTS.
JVa»ies of Tozvtiships. Date of the Grants,
Minehead June 29,
Lewis June 29,
Lemington June 29,
Averill June 29,
Neshobe Oct. 20,
Newbury May 18,
Colchester June 7,
(Name obliterated) June 7,
Bolton June 7,
AYaterbury June 7,
Burlington June 7,
Williston June 7,
New Huntington June 7,
Duxbury June 7,
Moreton June 7,
Berlin June 7,
Jericho June 8,
Middlesex June 8,
Milton June 8,
Westford June 8,
Underbill June 8,
Mansfield June 8,
Stow June 8,
Worster June 8,
Topsham June 17,
Lunenburgh July 5 ,
Sudbury Aug. 6,
Whiting Aug. 6,
Orwell Aug. 8,
St. Albans Aug. 17,
Swanton Aug. 17,
Highgate Aug. 17,
Georgia Aug. 17,
Fairfax Aug. 18,
Fairfield Aug. 18,
Smithfield Aug. 18,
Hungerford Aug. 18,
St. George Aug. 18,
Shelburne Aug. 18,
Ryegate Sept. 8,
Barnet. Sept. 16,
Peacham Dec. 31,
Corinth Feb. 4,
Dunbar June 15,
Hubberton June 15,
Pittsford June 15,
Panton Nov. 3,
Lintfield Aug. 4,
CONTROVERSY WITH NEW YORK. 20/
Grants were also made to the following officers, agreeable to his
Majesty's Proclamation of the y^^ October, 1763 :
Capt. Rob. Rogers 3000 Acres July 4, 1764
Lieut. Jas. Tate 2000 July 4, 1764
Lieut. P. Brown 2000 July 4, 1764
Lieut. Step. Holland 2000 July 4, 1 764
Lieut. And. Philips 2000 Aug. 11, 1764
Capt. Nath. Whiting 3000
To arrest the proceedings of New Hampshire, Mr. Golden, Lieuten-
ant Governor of New York, on the 28'^ of December, 1763, issued a
Proclamation, "commanding the sheriff of the County of Albany to
make a return of the names of all persons who had taken possession of
lands under New Hampshire Grants ; and claiming jurisdiction as far
east as Connecticut river," by virtue of a grant to the Duke of York ; —
of which Grant the following is an extract [as given in the " Slade State
Papers," pp. 16, 17] :
CHARLES the Second, by the Grace of God, King of England,
Scotland, France and Ireland, Defender of the Faith, &c. To all to
whom these presents shall come, greeting : Know ye, that we, for
divers good causes and considerations, have, of our especial grace, cer-
tain knowledge and mere motion, given and granted, and by these
presents, for us, our heirs and successors, do give and grant unto our
dearest brother, James, Duke of York, his heirs and assigns, all that
part of the main land of New England, beginning at a certain place,
called or known by the name of St. Croix, next adjoining to A^eta Scot-
land, in A7nerica, and from thence extending along the Sea-coast, unto
a certain place called Petuaguine or Pemaquid, and so up the river
thereof to the furtherest head of the same, as it tendeth northwards ;
and extending from the river of Kinebeque, and so upwards, by the
shortest course of the river Canada, northwards : And all that island or
islands, commonly called by the several name or names of Matowacks
or Lo)ig Island, situate and being towards the west of Cape Cod, and
the Narj'oixJ Highgansetts, abutting upon the main land, between the
two rivers there, called or known by the several names of Connecticut
and HudsoiCs River, together with the said River, called Hudson'^s, and
all the lands from the west side of Connecticut river, to the east side
oi Delaware Bay; and also, all those several Islands, called or known
by the names of Martin''s Vineyard, and Nantiickes, otherways N'ati-
tncket ', together with all, &c. Dated the twenty-ninth day of June, in
the twenty-sixth year of the reign of King Charles the Second."
[Note. Upon the issue of the abovesaid proclamation and claim of
territory, by virtue of said grant to the Duke of York, Gov. Penning
Wentworth, of New Hampshire, sent forth a proclamation designed to
counteract the influence of the former, and to inspire the grantees of
the new townships with confidence in the validity of their grants. — Ed.]
208 NEW HAMPSHIRE GRANTS.
[p. 21.] By His Excellency
BENNING WENTWORTH, Esq.,
Captain-General, Governour and Commander in Chief of His
Majesty's Province of New Hampshire, in New England,
&c.
A PROCLAMATION.
Whereas His Honor Cadwallader Colden, Esq. Lieu-
tenant Governor and Commander in Chief of His Majesty's
Province of New York, hath lately issued a Proclamation,
of a very extraordinary Nature, setting forth, that King
Charles the Second, on the 12*'' day of March 1663-4, and
the 29^^' of June, 1674, did by his several Letters Patent of
those Dates, grant in Fee to his Brother, the Duke of York,
among other things, all the land from the West side of Con-
necticut River to the East side of Delaware Bay : and there-
in also sets forth, or Describes the Bounds of New Hamp-
shire ; in which Description there is a very material Mis-
take ; besides, there is omitted the Fact, on which the de-
scription of New Hampshire depended, viz. His Majesty's
determination of the Northern and Western Boundaries of
the Province of the Massachusetts Bay in 1739: And noth-
ing can be more evident, than that New Hampshire may
legally extend her Western boundary as far as the Massa-
chusetts Claim reaches, and she claims no more ; — But New
York pretends to claim even to the Banks of Connecticut
River, although she never laid out and settled one Town
in that part of His Majesty's Lands, since she existed as a
Government.
When New York Government extends her Eastern boun-
dary to the Banks of Connecticut River, between New York
and the Colony of Connecticut ; and to the Banks of said
River between New York and the Province of the Massa-
chusetts Bay, it would have been full early for New York to
declare that the Government of New Hampshire was fully
apprised of the Right of New York, under the before recit-
ed Letters Patent to the Duke of York.
In virtue of the final Determination of the Boundary
Lines settled by his late Majesty between this Government
and the Massachusetts Bay, all the Lands capable of Settle-
ments have been erected into Townships agreeable to His
Majesty's commands, and a considerable revenue is daily
CONTROVERSY WITH NEW YORK. 2O9
arising to the Crown, unless interrupted and impaired by
His Honor's Proclamation, which New Hampshire will not
be answerable for.
At present the Boundaries of New York to the North-
ward are unknown ; and as soon as it shall be His Majes-
ty's Pleasure to determine them, New Hampshire will pay
a ready and cheerful Obedience thearunto ; not doubting
but that all grants made by New Hampshire, that are ful-
filled by the grantees, will be confirmed to them, if it should
be His Majesty's Pleasure to alter the Jurisdiction.
For Political Reasons, the claim to Jurisdiction by New
York, might have been deferred, as well as the strict In-
junction on the civil power, to exercise Jurisdiction in their
respective Functions, as far as the Eastern Banks of Con-
necticut River.
The said Proclamation carrying an Air of Government in
it, may possibly affect and retard the settlement of His
Majesty's Lands, granted by this Government; For pre-
venting an injury to the Crown of this kind, and to remove
all Doubts that may arise to Persons holding the King's
Grants, they may be assured, that the Patent to the Duke
of York is obsolete, — and cannot convey any certain Bound-
ary to New York, that can be claimed as a boundary, as
plainly appears by the several boundary lines of the Jersies
on the West, and the Colony of Connecticut on the East,
which are set forth in the Proclamation, as Part only of the
Land included in the said Patent to the Duke of York.
To the End therefore, that the grantees now settled, and
settling on those Lands, under his late, and present Majes-
ty's Charters, may not be intimidated, or any way hindered
or obstructed in the improvement of the Lands so granted ;
as well as to ascertain the Right, and maintain the Jurisdic-
tion of his Majesty's Government of New Hampshire, as
far Westward, as to include the grants made; I have
thought fit, by and with the advice of His Majesty's Coun-
cil, to issue this Proclamation, hereby encouraging the sev-
eral grantees, claiming under this Government, to be indus-
trious in clearing and cultivating their Lands, agreeable to
their respective grants.
And I do hereby require and command all civil officers,
within this Province, of what Quality soever, as well those
that are not, as those that are inhabitants on the said Lands
to continue and be diligent in exercising Jurisdiction in
14
210 NEW HAMPSHIRE GRANTS.
their respective offices, as far Westward as grants of Land
have been made by this Government ; and to deal with any
Person or Persons, that may presume to interrupt the In-
habitants or settlers on said Lands, as to Law and Jus-
tice doth appertain, the pretended Right of Jurisdiction
mentioned in the aforesaid Proclamation, notwithstanding.
Given at the Council Chamber in Portsmouth, tJie I'^tk
Day of March, 1764, a7id in thefourtJi Year of His Majes-
ty's Reign.
B. WENTWORTH.
By His Excellency's Coinrna7idy
with Advice of Council.
T. Atkinson, jun. Secretary.
GOD SAVE THE KING.
Letter from Cadwalladcr Colden, of New York, to Bejtning
Wentworth.
[p. 23.] New York, May 13*^ 1765.
Sr—
I have the Favour of yours of the 26*^ of last month, soon
after I received his Majesty's order in Council for determin-
ing the Boundary between this Province and New Hamp-
shire.
I gave directions to the Attorney General to forbear any
further Prosecutions you mentioned in your Letter ; of
which, I doubt not, you have rec'*^ an ace* from Home be-
fore this Time. It gives me pleasure to have done a thing
so agreeable to you before your Desire was made known to
me.
I am with great Truth & regard
Your most obedient humble serv*
Cadwallader Colden.
His Excellency
Benning Wentworth, Esq.
(Copy.) rec^ 22^ May 1765.
[Note. It will serve to throw light on the controversy which the
foregoing correspondence opened, to introduce at this point a represen-
tation of the case made to the Lords of Trade in England by Lieut.-Gov.
Colden, under date of January 20, 1764. — Ed.]
CONTROVERSY WITH NEW YORK. 211
[Copied from Doc. Col. Hist., New York. vol. VII, pp. 595-598.]
New York, 20 January, 1764.
My Lords —
The dispute subsisting between this, and his Majesty^s Govern' of
New Hampshire, respecting their boundary, obliges me to lay the State
of this matter before your Lord^p^
In April, 1750, Gov Clinton communicated to the Council a letter of
the 17"^ NoV^ from Mr. Wentworth Gov of New Hampshire, represent-
ing that he had it in command from His Maj*>' to make grants of the
unimproved lands in New Hampshire, and desiring information how far
north of Albany this Province extended, and how many miles to the
Eastward of Hudson's river, to the northward of the Massachusetts line,
that he might govern himself accordingly — As also an extract of his
Maj'-^'^ Commission to Mr. Wentworth describing the boundaries of that
Govern*. By the advice of the Council, Mr. Clinton informed Mr.
Wentworth, in answer to his request, that this Province is bounded
Eastward by Connecticut River, the letters Patent from King Cha** the
Second to the Duke of York expressly granting " all the lands from the
west side of Connecticut River, to the East side of the Delaware Bay."
Mr. Wentworth in answer of the 25'^ April, says, that he had com-
municated to His Majesty's Council of that Govern*^ the above opinion
of the Council of this Province, which he declares would have been sat-
isfactory, had not the two Charter Govern'* of Connecticut and Massa-
chusetts Bay, extended their bounds many miles to the westward of
Connecticut River; and desires to be informed, by what authority Con-
necticut and the Massachusetts Govern'* claimed so far to the westward
as they had settled, & acquainted GoV Clinton, that before the receipt
of his letter of the 9"^ of April, he had granted a township due north
of the Massachusetts line, of the contents of six miles square, and by
measurement twenty-four miles east of the City of Albany. Upon GoV^
Clinton's laying this letter before the Council, they advised him to in-
form Gov Wentworth, that the claim of the Gov of Connecticut is
founded upon an agreement with that of New York in the year 1683. af-
terwards confirmed by King William. But that as to the Massachusetts
Settlements, so far to the westward, it was presumed they were first
made by intrusion, and since continued thro' the neglect of this govern'.
And that it was probable the lands within the township he had lately
granted, or some part of them, had been already granted by the
Govern' of New York.
In July 1750, Mr. Wentworth's letter of the 22<i June preceeding, was
laid before the Council ; declaring, that his Maj'-^"* Council of that Prov**
were unanimously of opinion not to commence a dispute with this
Govern' respecting the extent of western Boundary to New Hampshire,
until His Majesty's pleasure should be further known ; and accordingly
the Council had advised that he should on the part of New Hampshire,
make a representation of the matter to His ^Iajesty, relying that Mr.
Clinton would do the same on the part of New York. To which pro-
posal this Govern' agreed, adding, that it would be a measure for the
mutual advantage of both provinces, that the copies of the respective
representations to be made to his Majesty on this head should be ex-
changed.
On the 2"^^ September Mr. Wentworth signified the Assent of his
Govern' to the last mentioned proposal as it might contribute to the
212 NEW HAMPSHIRE GRANTS.
speedy settlement of the boundary between the two provinces, and
assured M"" Clinton, that he would transmit to him, a copy of the rep-
resentation he should make in behalf of New Hampshire, as soon as
perfected.
I find the representation on the Part of New York was not approved
of by the Council, until the i8"^ Ocf 1751, when it was entered
on the minutes, together with a letter of mine on the same subject. But
before this period, Mr. Wentworth had in his letter to the Board of
Trade, of the 23'^ March, 1750, suggested to their Lord^'f* what he
thought proper to urge on this subject, in behalf of his own Govern*,
without transmitting any copy thereof to Gov Clinton.
Thus the matter rested, according to my information, until the incur-
sions of the Indians into this Province, immediately preceeding the late
War, put an entire stop to any new settlements, and rendered both
Govern'* less solicitous to bring this controversy to an issue. The
Govern' of New York, confiding that New Hampshire, after what had
passed, would not venture to make any further grants, until his Majesty
should be pleased to determine the limits between his two Provinces, as
such Grants, where they might interfere with those of New York, must
be considered as a mere nullity.
But how great was the surprise of this Govern', when they lately dis-
covered that New Hampshire had, since the transactions above recited,
granted upwards of thirty, some affirm one hundred and sixty townships,
each of six miles square, westward of Connecticut River; a fact which
had probably been still concealed from the knowledge of this Govern',
had not the grantees or persons employed by them, travelled thro'' all
parts of this and the neighboring province of New Jersey, puplickly of-
fering the lands for sale, at such low rates as evince the claimants had
no intention of becoming settlers, either from inability, or conscious they
could derive no title to the lands under the grants of New Hampshire.
To prevent therefore the further progress of this mischief, by inform-
ing the people of the true state of the claim of the two Provinces, His
Majesty's Council unanimously advise me to issue a Proclamation, as-
serting the ancient jurisdiction of this Province to Connecticut River, a
copy whereof I have the honor to inclose to your LordPP^
The Claim of the Govern' of New Hampshire to within twenty miles
east of Hudson's River, being founded solely on the example of Con-
necticut and the Massachusetts Bay, it will be necessary to consider the
right of those two Govern'^ to that Boundary : —
The limits of Connecticut were settled by agreement with this prov-
ince confirmed by the Crown, and tho' the possession and claim of the
Dutch, might have been offered as an argument to confine the limits of
that Colony to the River Connecticut ; yet as the Tract might thereby
have been rendered too inconsiderable for the establishment of a Col-
ony, and the people had so early extended their settlements Westward
•of the River, these considerations probably were the motives which in-
duced the Govern' of New York, first in 1664, and afterwards in 16S3,
to yield to Connecticut the Lands westward, to the distance of about
twenty miles of Hudson's River.
But no agreement or settlement of Boundaries can be alleged on the
part of Massachusetts Bay. The Dutch, at the time of the Massachu-
setts first grant, possessed this Province then called New Netherlands,
extended their claims between the.two Rivers Delaware and Connecti-
CONTROVERSY WITH NEW YORK. 213
cut ; and had long before the English approached the last mentioned
River, a Fort, called Fort Hope, on the western Banks, near where the
Town of Hertford now stands — these facts were well known at the
time, and therefore in the grant to the Council of Plymouth in 1620, of
the lands within the 34'^^ and 48"^ degrees of North 'latitude, on which
the claim of Massachusetts Bay and Connecticut was originally founded,
all lands which were held or possessed by any other Christian Prince or
State, are expressly saved and excepted — hence it appears that the
grant to the Duke of York in i66| of the lands Westward of Connecti-
cut River, was entirely grounded on an opinion, that the Crown had an
absolute right to those lands, notwithstanding the claim of the New
England Colonies, and that this grant which immediately preceeded the
conquest of this Province from the Dutch, was intended to include all
the lands which the Dutch held here.
I have not till lately seen an extract of a Report of the Commis-
sioners appointed by the Crown in 1664, to visit the New England
Govern'% who declare, they find the limits of Massachusetts Bay to be
Seconnet Brook on the south-west, and Merimack River on the North
East, and two right lines drawn from each of those two places till they
come within twenty miles of Hudson's River.
Nor an extract of a letter from Coll. Nichols Gov of New York, in
which, speaking of the agreement made with Connecticut he says:
" This determination was a leading case of equal justice and of great
" good consequence in all the Colonies ; and therefore we were assured
*' would be an acceptable service to your Royal highness, though to the
*♦ diminution of your bounds, so that to the East of New York and
*' Hudson's River, nothing considerable remains to your Royal High-
*' ness, except Long Island, and about twenty miles from any part of
•' Hudson's River. I look therefore upon all the rest as empty names,
" and places possessed forty years by former grants, and of no conse-
*• quence to your Royal Highness, except all New England could be
*' brought to submit to your Royal Highness' Patent'' —
If any settlement was' then made by the Commiss'^ and the Massachu-
setts Bay, it appears not on record, although that with Connecticut in
the same year is Registered in both Provinces ; and if actually made,
it was unauthorized ; the powers to the Commissioners being expressly
confined to the disputes between the New England Govern^S namely,
Massachusetts Bay, Connecticut, New Plymouth, Rhode Island, and
the Providence plantation, as evidently appears from the Commission,
a copy of which I enclose your Lordw'% nor can it be supposed that the
Crown meant to invest a power in the Commis", to settle boundaries
between the Govern'^ of New England and this Prov'=^ the commission
bearing date in April 1664, and the conquest of this Govern' from the
Dutch, not taking place till the month of August following. There is
also a mistake in the assertion, that the " places were possessed forty
years by former grants" — unless by the Dutch, for the English did not
settle to the westward of Connecticut River, till 1635 or 1636, which
settlement was made southward of the Massachusetts south line, with-
out authority from any Govern'. The determination then in respect to
Connecticut' could not with propriety be considered as a leading case of
equal justice in all the Colonies, nor could the boundary of Connecticut
River have affected the other Govern'^ so materially as Connecticut, as
those Govern** have a far greater extent Eastward than Connecticut.
This reasoning is justified also from these considerations, that the Crown
214 ^'^^^ HAMPSHIRE GRANTS.
did not by any act, ratify or approve the opinion of the Commission-
ers, or of Gov Nicholls' who was one of them, but on the contrary,
after the Dutch had in 1673, reconquered this Province, and by the
Treaty of Breda in 1674, yielded it to England, made a second grant to
the Duke of York in the same terms with the first ; and it appears by
the minutes of the agreement with Connecticut in 1683, that GoV^
Nicholls and the other Commiss'"% had been deceived in the line they
established with that Colony in 1664, which instead of leaving to this
Province twenty miles East of Hudson's River, soon crossed that River,
and left the far greater part of that River out of New York Govern^
Massachusetts Bay hath nothing I humbly conceive to urge in sup-
port of their claim to a twenty mile line East of Hudson's River, but a
possession gained in opposition to the letter and spirit of their grants
from the Crown, thro' the inattention of this Govern^ This argument
may in equity entitle individuals to a confirmation from the Crown, of
the lands they actually possess, rendering to His Majesty the usual quit-
rent reserved in this Province, but cannot be offered as conclusive on
the part of the Crown, in respect to its interests arising either from its
Revenue of quit-rents, which by computation at 2 | 6 p'" 100 acres, would
amount to near ^1200 Sterling p"" Annum, or from Escheats, neither
can it with justice I think, be extended to the case of those inhabitants
of New York, who hold lands Eastward of a twenty mile line, the lands
being at the time they obtained their grants, vested in the Crown, with-
in the express limits of the province of New York, and not within the
grants on which the Massachusetts Bay found their claim.
Having thus fully considered this point, in respect to the Province of
Massachusetts Bay, I need add very little as to New Hampshire. That
Govern* is to extend Eastward and Northward till it meets with his
Majesty's other Govern**, and cannot therefore interfere with the limits
of this Province. The lands in question lay much more convenient to
be included within New York, than New Hampshire. Hudson's River
being navigable by vessels of considerable burthen to Albany ; the Trade
of that part of the country will probably centre there, to which place the
transportation of carriage will be much easier than to the ports of New
Hampshire, and where the inhabitants are likely to meet with a better
market for their produce. The Revenue to the Crown, if the lands are
settled under this province, will be greater, than if granted under New
Hampshire, in proportion to the difference of quit-rent, which I am in-
formed is I sh. sterl : pr 100 acres in that Prov'^'', and is by his Majesty's
Instructions fixed here at 2 | 6 sterl. There is another circumstance of
some v/eight at this juncture. The preference given to this Govern*
from its evident superiority, has induced a great number of reduced offi-
cers to claim here, the bounty His Majesty has been pleased by his
Proclamation of the 7^'^ Ocf last, to extend to those who have served in
North America during the late war ; and many of them have located
their spotts within the claim of New Hampsh''% indeed if they had not,
it would have been impossible for this Govern* to have found lands
enough for them, clear of dispute, and not reserved to the Indians ; but
they absolutely decline any application to New Hampshire for lands
westward of Connecticut River.
As the settling the limits of Jurisdiction of the Govern*^ of New York
and New Hampshire absolutely depends on his Majesty's pleasure, sh'-^
His Majesty on any consideration extend the limits of New Hampshire
westward of Connecticut River, I humbly presume to hope the right of
CONTROVERSY WITH NEW YORK. 21$
property and the right of jurisdiction will be saved to this Province, in
respect to all lands before granted by this Govern', whose right to the
boundary of Connecticut River, especially when considered as to New
Hampshire, appears clear and unquestionable.
I am with great submission
My Lords,
Your most obedient & faithful Servant
Cadwallader Colden.
SECTION II.
Proceedings in Relation to the New Hampshire
Grants, under the Administration of
Gov. John Wentworth.
Memorial of John Wendell, respecting lands on the west
side of Connecticut river a^tnexed to the province of New
York.
[p. 25.] To his Excellency John Wentworth, Esq^' Captain
General, Governor & Commander in Chief in and over his
Majesty's Province of New Hampshire, & Vice Admiral
of y® same.
To the Hon^^^ His Majesty's Council and House of Repre-
sentatives in General Assembly convened this i8*^ day of
Oct^ 1768, by adjournment.
The Memorial of John Wendell of Portsmouth in the
Province aforesaid, Esq^, unto your Excellency & Honors
humbly shews :
That your Memorialist being appointed the agent of a
Committee, chosen by the voices of more than one Thou-
sand Grantees, claiming lands on the western side of Con-
necticut River, under the Grants of Penning Wentworth,
Esq'^", late Governor of this province, which have since been
taken away and annexed to the Province of New York ; by
virtue of which appointment, he is impowered to act, trans-
act and do, anything, whereby the Interest of his Constitu-
ents and their Principles may be advanced ; as also to cor-
respond with their other agents, M"* Sam^ Johnston & Sam^
2l6 NEW HAMPSHIRE GRANTS.
Robinson Esquires, who have preferred a Petition to his
[p. 26.] Majesty in Council in behalf of the said grantees,
praying to be re-annexed to this Government, and to set
forth other heavy grievances, under which the s'^ grantees
then laboured, and which still continue.
During a correspondence which y^" Memorialist has had
with the said Johnston, some anecdotes have dropt from his
Pen, which your Memorialist is desired to communicate, as
worthy the notice and attention of the whole Legislature of
this Prov^*^, but as the said Johnston has strictly enjoined it
upon him, not to divulge this intelligence he has received,
or give Extracts of his Letters only to such, whose Prudence
& Secrecy may be absolutely relied upon, your memorialist
has hitherto postponed this communication ; and now plac-
ing an unlimited Confidence on the Prudence of this Hon^^
Court, he takes the Liberty to lay an attested Extract of
said Johnston's Letter before them, from which may be de-
duced; — that if the Legislature of this Province would join
with said Grantees in their application to his Majesty in
Council, the one for the Jurisdiction, and the other for the
Property of said Lands, there is a great Probability of suc-
cess to both.
Your Memorialist does not presume to dictate any partic-
ular measures whereby this valuable & much desired acqui-
[p. 27.] sition may be obtained, but leaves to the considera-
tion of this Hon^^^ Court the nature & substance of this
memorial, as it is y^ Memorialist's only Intention & highest
Ambition, that the grantees in particular, and the Province
in general may reap an advantage that may result from this
Discovery.
And y^' Memorialist, as in Duty bound shall ever pray.
John Wendell.
London, March 31^* 1763. Extract from Jllr. S. yohnstoiis
Letter of that date to yoJin Wendell.
" I am really surprised at the supiness of the Proprietors and even of
** your Province in this matter; had it been pursued with spirit imme-
" diately upon the alteration of the Jurisdiction & before any Grants
" had been made by New York, it is very plain to me, that the Prop''^
** might very easily have secured their Lands, tho' the Province had
"not recovered its Jurisdiction, and even the latter I think was very
" probable.
*' Many things which have since happened have increased the diffi-
** culty, but I should by no means even now despair of it, if the cause
CONTROVERSY WITH NEW YORK. 21/
*' was supported as it ought to be by the joint aid and application of all
*• the Proprietors and the Province, the one for the Property and the
[p. 28.] " other for the Jurisdiction of the lands, the real Poverty of
" those who joined Capt. Robinson (tho' they did the best they could)
"rendered them unable to give the cause that effectual support which
*' was (and is) necessary to give it proper weight and render the applica-
•' tion to the Crown as regular and respectable as its Importance and the
"usual course of Proceedings in cases of this kind justly required;
'* Money has in fact been wanting to do Justice to this Cause ; it came
*' here rather in Forvia Pauperis which is an appearance seldom made
"or much regarded in this country, and is by no means an Eligible
" light in which to place an affair of this kind."
A true coppy taken by me
John Wendell.
[p. 29.] Extract of Govei'nor John WentivortJi s Letter to
Governor William Try on of Neiv Yorky dated i (^tJi of Oc-
tober, 1 77 1.
"The Information refer'd to in your Excellency's Letter
of 2^ Inst, altho' wholly different from the real fact, is not
unexpected to me having been often menaced by a number
of People on Connecticut River who have not only taken
great pains to vilify & asperse me in that District, and by
the most artful, unjust sollicitations to obtain equally inju-
rious Representations, not hesitating to scatter threats of
Plans form'd to remove me from his Majesty's Service.
These things I shou'd have neglected in silence; but their
attempts to convey such prejudicial Insinuations to your
Excellency justifys my Explanation.
'' The Surveyor General of the Northern District being in
the course of Duty station'd here for two years, and by the
Winter's Rigor precluded from surveying the Sea Coast, I
formed a Design of obtaining thro' his assistance a perfect
and complete Survey of this Province, — such interior Sur-
veys being recommended in his Official Instructions. Cap-
tain Holland very obligingly was dispos'd to employ himself
& his party on this service if he could be aided by three or
four additional men to assist in the Surveys,
[p. 30.] '' Whereupon I recommended to the Assembly,
but they refus'd to make any provision for the expense,
altho' it could not amount to Fifty Guineas ; but as the ad-
vantage was so evidently great, and such an invaluable opp^
might never again happen, to acquire a faithful and exact
Map of the Province, unless at a far greater Expense, Capt.
Holland's Requisition was rais'd by subscription.
2l8 NEW HAMPSHIRE GRANTS.
'' He undertook in person to survey the Eastern District.
One Deputy, Mr. Grant, he sent to Connecticut River, &
one Deputy thro' the middle of the Province. In the
Spring each party made Return to Capt. Holland, and this
Winter the intermediate parts of those Divisions are to be
perfected and a general Map compos'd.
'' These Gentlemen being strangers the people of the
Country, naturally jealous of every thing they don't under-
stand, and the whole survey depending upon voluntary as-
sistance, I wrote to some Gent" in this Prov^ a circular
Letter for each party to secure proper Reception & assist-
ance for them : which letter in many instances sav'd them
much distress and difficulty.
*' Whether Mr. Grant (Mr. Whiting had no sort of power
[p. 31.] or Direction, but merely as one hand hir'd) pursued
an Easterly Branch of Connecticut River, instead of a
Northerly Branch, or which of the two is properly the main
River I know not ; but am inclin'd to think so skilful an
officer under the strictest injunction of care from his princi-
pal, and subject to his penetrating Examination, cou'd not
well be mistaken in such a material point as this , yet, if it
is, the error is so much injurious to New Hampshire.
*' The ill-tim'd parsimony of the late Assembly refus'd so
useful & necessary a grant altho' requisite to carry into ef-
fect a royal Instruction. I confess it gave me pain, yet I
could by no means solicit aid of the Government of N.
York towards surveying Connect. River, which by his Maj-
esty's Order in Council (whereby the Western District was
granted from this to that Province) is established expressly
to be in N. Hampsh ; to its Western Banks — more espe-
cially as it is part of a Provincial Survey, w^^ hath not been
forwarded to his Majesty's ministers of State, neither will it
be, until next Spring; when the whole Prov: Map is finish'd
and must then obtain what credit its own truth may merit.
''Whatever may be the consequences of the conduct held
by those people, whom y*" Excell^ is informed are exciting
Disturbances on the District formerly in this Province, they
[p. 32] cannot in any Degree be ascrib'd to me : that my
name has been used therein, I consider as an effort of those
unworthy wretches, who daily presume in that country to
calumniate me in y*^ rudest & most indecent Forms.
"To preclude all possibility of mistake on my side, I
have cautiously & unexceptionably avoided speaking to any
CONTROVERSY WITH NEW YORK. 219
man or men upon this Dispute, unless in the presence of
some other persons ; and have invariably recommended im-
plicit obedience to the Laws, where his Majesty had been
pleas'd to assign them ; and upon all occasions positively
disavow' d any connection with them or even a desire for
their revertins: to this Prov : But at all times told them that
. . 1 .
I have met with occasionally, that submission was their
Duty & Interest. Upon y^' Excelly'^ accession to the gov-
ernment, I was still more explicit & earnest in public &
private recommending those unhappy complaining people
immediately to refer themselves & their cause to y'^' Deci-
sion, & in abiding thereby I was confident they would have
Justice ; neither might they expect me to reconsider or al-
ter what might be y'^ Determination, even if that Country
should ever be re-annexed to this Province — an event w^^
[p. 33.] cou'd not be expected, considering the great Dis-
parity in Interest, Wealth, Diligence & Ability, w*^^ I grieve
to acknowledge is manifestly against N. Hamps^
" Hence it is my wish to hear that every outrage & vio-
lence committed under any pretence whatsoever may meet
the severest censure of Law, w^^ I shall see without con-
cern; but on the contrary rejoyce in, as the avenger of those
groundless aspersions & still more culpable conduct prac-
tised by many towards me, in defiance of all Law or Recti-
tude whatever: And I entreat as a peculiar favor, the great-
est severity may fall on those who presume in any way to
ascribe their conduct to me. The merits of the Dispute
are too tedious for me to enter into at this time, suffice it to
say that the whole arose upon Representations & Plans
from N. York in the year 1762, totally unsuspected & un-
known to this Province, containing many cruel Reflections
on y^ late Governor and Council ; whereon N. Hamp : suf-
fered the loss unheard ; altho' they labor under a Tax to
the year 1774 incurr'd in the defence of this very land in
obedience to a Royal Instruction specifying it to be part of
this Province, and enjoyning a penalty of its loss to Massa.
Bay upon neglect'g to obey ; an event further remarked by
a Dissolution of an Assembly, who disapproving the mode
of Defence, rejected the Recommendation w^^'' was acceeded
to by the next Assembly. I am positively convinced that
[p. 34.] these people are to a man certain of my abhorrence
of every species of outrage or illegality, and that all pre-
tences of my favor are made by a few disaffected persons,
220 NEW HAMPSHIRE GRANTS.
merely to vilify me. Nor do they even venture openly to
avow this among the people in general, who universally
know the contrary : therefore any public act of mine cannot
in the least undeceive them ; but wou'd be considered as an
exterior condescension to two or three wicked men who
have been for three years past disseminating the most mis-
chievous measures in that remote country."
Letter from Gov. William Try on to Gov. yoJin Wentzvorth.
[p. 35.] Fort George, New York, 23^ Dec''. 1771.
Sir —
Having been favored with your letter of the 19^^ Octo-
ber, I lost no time in laying it before His Majesty's Council
of this Province, by whose advice I issued a Proclamation,
setting forth the Proceedings that have passed between our
governments, respecting the Lands lying in this Province
to the Westward of Connecticut River : A copy of which
Proclamation I have the Honor to transmit to you, request-
ing if you, Sir, see no objection, that it may be inserted in
the public Papers within your government. The Facts stat-
ed therein are taken from original Letters & papers now in
the Secretary's office of this Province. It was thought
necessary to prevent the malicious Insinuations of design-
ing men from gaining credit among the deluded Inhabitants
[p. 36.] in the Western Frontiers of this Colony, to express
in the Proclamation, your Excellency's Disavowal & Dis-
approbation of the rash conduct of those Rioters who so
much disturb the peace of this government. I still hope
you will, upon further Reflection, make known by some
public act within your government, your Dissatisfaction of
such injurious Reflections, & that you will consider such a
step rather as a compliance with my earnest request, than
as an exterior condescension to 2cfe'w wicked men.
The Commissioners appointed for runing the partition
line between this government and the Province of Canada
being prevented thi§ season from proceeding any further
than twenty-two miles of the course ; I am desirous of in-
forming your Excellency, as you may possibly consider
your Province in some measure effected thereby, that I
have fixed upon the first day of March next, for the com-
missioners to meet at the house of Col° Christy's on the
BRIEF HISTORY OF THE CONTROVERSY. 221
[p. 37.] River Cole, about two leagues to the westward of
Point Moore, from whence they are to proceed in compleat-
ing the Extension of the Boundary Line between the two
Governments, agreeable to His Majesty's Instructions.
I am truly sensible of the Politeness of your sentiments
towards me & wish you may by an early visit to this City,
afford me an opportunity of renewing an acquaintance
which was begun during your short stay in your Tour
through North Carolina.
I am, with much esteem,
Sir, Your Excellency's most obedient servant
Wm. Tryon.
P. S. Our Correspondence being of a public nature I
shall communicate the same to His Majesty's Secretary of
State for American affairs.
His Excellency John Wentworth, Esq. Gov^ &c. &c.
NOTE BY THE EDITOR.
In die volume of State Papers — labelled " Vermont Controversy,'' — as
arranged by the late John Farmer, Esq., pp. 41-48, is found a brief his-
tory of that controversy, as contained in Dr. Belknap's History of New
Hampshire, pp. 385-392, Farm, ed., Dover, 1831. Inasmuch as this
presents a fair view of the controversy, in the judgment of Dr. Belknap,
it may be helpful to readers in forming their opinions on the subject.
SECTION HI.
Brief History of the Controversy with Vermont.
[Copied from Dr. Jeremy Belknap's Hist, of N. H.]
The inhabitants of the district on the western side of Connecticut
river, which was severed from New Hampshire in 1764, had been en-
gaged in a long and bitter controversy with the government of New
York. They had even been obliged to have recourse to arms in de-
fence of their estates, and frequent acts of violence had been commit-
ted. There was among them a set of intrepid men ready to encounter
dangers, and trained to hardy enterprise. At the commencement of
hostilities, by the advice of some principal opposers of the British gov-
ernment in the other colonies, a company of those people, styling them-
selves Green Mountain Boys, marched to Ticonderoga, and wrested that
222 NEW HAMPSHIRE GRANTS.
fortress, together with Crown Point, out of the hands of the British gar-
risons. A regiment of them was embodied by order and in
the pay of the general congress. Their exertions in the com- 1775.
mon cause were meritorious, and their services were acceptable.
Soon after the declaration of independence, the inhabitants of that
territory assembled in convention to consider their peculiar situ-
ation, and concert measures for their safety. The opportunity 1776.
which then presented for a change in their political connexions
was too precious to be lost. By the dissolution of the bonds which
had held America in subjection to the crown of Britain, they conceived
themselves free from the government of New York, to which the most
of them had never voluntarily submitted ; and being, as they said,
reduced to "a state of nature," they thought they had a right to form
such connexions as were agreeable to themselves. Accordingly, they
made and published a declaration, — "that they would at all
times consider themselves as a free and independent state, I777-
capable of regulating their own internal police; that they Jan. 15.
had the sole exclusive right of governing themselves in such
manner as they should choose, not repugnant to the resolves of con-
gress ; and that they were ready to contribute their proportion to the
common defence." Under the influence of these principles, they form-
ed a plan of government and a code of laws, and petitioned congress to
receive them into the union.
The inhabitants on the eastern side of Connecticut river w^ere very con-
veniently situated to unite with those on the western side, and many of
them had the same principles and views. They argued that the original
grant of New Hampshire to Mason was circumscribed by a line drawn
at the distance of sixty miles from the sea ; that all the lands westward
of that line, being royal grants, had been held in subjection to the gov-
ernment of New Hampshire by force of the royal commissions, which
were vacated by the assumed independence of the American colonies ;
and therefore that the inhabitants of all those lands had reverted to a
"state of nature." By this expression, however, they did not mean that
each individual was reduced to such a state, but that each town retained
its corporate unity, unconnected with any superior jurisdiction. They
distinguished between commissions derived from the king, which were
revokable at his pleasure, and incorporations held on certain conditions,
which being performed, the powers and privileges granted by the in-
corporations were perpetual. They asserted, that jurisdictions, estab-
lished by royal commissions, could bind a people together no longer
than the force which first compelled continues to operate ; but when
the coercive power of the king was rejected, and its operation had
ceased, the people had a right to make a stand at the first legal stage,
viz., their town incorporations. These, by universal consent, were
held sacred. Hence they concluded that the major part of each one of
those towns had a right to control the minor part ; and they con-
sidered themselves as so many distinct corporations until they should
agree to unite in one aggregate body.
In these sentiments the people were not all united. The majority
of some towns was in favor of their former connexion, and in those
towns where the majority inclined the other way the minority claimed
protection of the government.
They supposed that the existence of their town incorporations, and of
the privileges annexed to them, depended on their union to New Hamp-
BRIEF HISTORY OF THE CONTROVERSY. 223
shire ; and that their acceptance of the grants was in effect an acknowl-
edgment of the jurisdiction, and a submission to the laws of the state,
from which they could not fairly be disengaged without its consent ; as
the state had never injured or oppressed thtm.
Much pains were taken by the other party to disseminate the new
ideas. Conventions were held, pamphlets were printed, and at length
a petition was drawn in the name of sixteen towns on the eastern side
of Connecticut river requesting the new state, which had assumed the
name of Vermont, to receive them into its union, alleging " that they
were not connected with any state, with respect to their internal police."
The assembly at first appeared to be against receiving them, but the
members from those towns which were situated near the river on the
west side declared that they would withdraw and join with the people
on the east side in forming a new state. The question was then refer-
red to the people at large, and means were used to influence
a majority of the towns to vote in favor of the union which June ii.
the assembly could not but confirm. The sixteen towns
were accordingly received, and the Vermont assembly resolved that
any other towns on the eastern side of the river might be admitted on
producing a vote of a majority of the inhabitants, or on the appoint-
ment of a representative. Being thus admitted into the
state of Vermont, they gave notice to the government of June 22.
New Hampshire of the separation which they had made, and
expressed their wish for an amicable settlement of a jurisdictional line,
and a friendly correspondence.
The president of New Hampshire, in the name of the assembly,
wrote to the government of Vermont claiming the sixteen towns as part
of the state, the limits of which had been determined prior
to the Revolution, reminding him that those towns had sent Aug. 23.
delegates to the Convention in 1775 ; that they had applied
to the assembly for arms and ammunition, which had been sent to
them ; that their military officers had accepted commissions and obeyed
orders from the government ; that the minority of those towns was
averse to a disunion and had claimed protection of the state, which
the assembly thought themselves bound to afford ; and beseeching him
to use his influence with the assembly of Vermont to dissolve the newly
formed connexion.
At the same time the president wrote to the delegates of the state in
Congress, desiring them to take advice and endeavor to ob-
Aug. 19. tain the interposition of that body ; intimating his apprehen-
sion that without it the controversy must be decided by the
sword, as every condescending measure had been used from the begin-
ning and rejected.
The governor and council of Vermont sent a messenger to congress
to see in what light the new state was viewed by them. On his return
he reported that the congress was unanimously opposed to the union of
the sixteen towns with Vermont ; otherwise they (excepting the delegates
of New York) had no objection to the independence of the new state.
At the next session of the Vermont assembly at Windsor, when the
representatives of the sixteen towns had taken their seats,
October, a debate arose on a question whether they should be erected
into a new county, which passed in the negative. Conceiv-
ing that they were not admitted to equal privileges with their brethren,
the members from those towns withdrew ; and were followed by several
224 NEW HAMPSHIRE GRANTS.
others belonging to the towns adjoining the river on the west side.
They formed themselves into a convention, and invited all the towns on
both sides of the river to unite and set up another state by the name of
New Connecticut. This secession had nearly proved fatal to the state
of Vermont. A ridge of mountains, which extends from south to north
through that territory, seemed to form not only a natural but a political
line of division. A more cordial union subsisted between the people
on the eastern side of the Green Mountains and the eastern side of
Connecticut river, than between the latter and those on the western
side of the mountains, but these alone were insufficient, without the
others, to make a state. The governor and other leading men of Ver-
mont, who resided on the west side of the mountains, wrote letters to
the assembly of New Hampshire informing them of the separation, and
expressing their disapprobation of a connexion with the sixteen towns.
The assembly regarded these letters as ambiguous, and as not express-
ing a disinclination to any future connexion with them. Jealousy is
said to be a republican virtue ; — it operated on this occasion, and the
event proved that it was not without foundation.
A convention of delegates from several towns on both sides of the
river assembled at Cornish and agreed to unite without any
Dec. 9. regard to the limits established by the king in 1764, and to
make the following proposals to New Hampshire, viz., either
to agree with them on a dividing line, or to submit the dispute to con-
gress, or to arbitrators mutually chosen. If neither of these proposals
were accepted, then, in case they could agree with New Hampshire on
a form of government, they would consent that " The whole of the grants
on both sides of the river should connect themselves with New Hamp-
shire, and become one entire state, as before the royal determination
in 1764." Till one or otlier of these proposals should be complied
with, they determine " To trust in providence and defend themselves."
An attempt was made in the following year to form a constitution for
New Hampshire, in which the limits of the state were said to be
the same as under royal government " reserving nevertheless 1779.
our claim to the New Hampshire Grants west of Connecticut
river." Though this form of government was rejected by a majority of
the people, yet there was a disposition in a great part of the assembly
to retain their claim to the whole of the grants westward of the river.
At the same time the state of New York set up a claim to the same
lands, and it was suspected, perhaps not without reason, that intrigues
were forming to divide Vermont between New Hampshire and New
York, by the ridge of mountains which runs through the territory.
Certain it is that the Vermonters were alarmed, and that they might
have the same advantage of their adversaries they extended their claim
westward into New York and eastward into New Hampshire ; and thus
not only the sixteen towns, but several other towns in the counties of
Cheshire and Grafton, became incorporated with Vermont by articles of
union and confederation.
It is not easy to develop the intrigues of the several parties, or to
clear their transactions from the obscurity which surrounds them. He
who looks for consistency in the proceedings of the conventions and
assemblies which were involved in this controversy will be disappointed.
Several interfering interests conspired to perplex the subject. The
people on the western side of the Green Mountains wished to have the
seat of government among them ; those adjoining Connecticut river, on
BRIEF HISTORY OF THE CONTROVERSY. 225
both sides, were desirous of bringing the centre of jurisdiction to the
verge of the river; the leading men in the eastern part of New Hamp-
shire were averse to a removal of the government from its old seat ;
Vermont had assumed independence, but its limits were hot defined;
New York had a claim on that territory as far as Connecticut river, from
which there was no disposition to recede. That state had been always
opposed to the independence of Vermont.
New Hampshire at first seemed to acquiesce in it, and some letters
Vy'hich the President wrote to the governor of Vermont, when threatened
with invasion in 1777, were understood as an acknowledgment of it.
Had there been no attempt to unite with the towns on the eastern side
of the river. New Hampshire would perhaps never have opposed the
independence of Vermont. But the assembly was afterward induced
to claim all that territory which before the year 1764 had been supposed
to be within the limits of the state. This interfered with the claim of
New York, and at the same time Massachusetts put in a claim to a part
of Vermont. The controversy had become so intricate that
it was thought necessary to be decided by congress ; and ap- Sept. 24.
plication being made to that body, they recommended to
the three states of New York, Massachusetts, and New Hampshire to
pass acts which should authorize congress to determine their bounda-
ries, and at the same time they advised the people of Vermont to relin-
quish jurisdiction over all persons on the west or east sides of Connecti-
cut river who had not denied the authority of New York and New
Hampshire, and to abstain from granting lands or confiscating estates
within their assumed limits till the matter should be decided.
The states of New York and New Hampshire passed these acts, but
Massachusetts did not. The Vermont assembly proceeded in granting
lands and confiscating estates, and congress could only resolve that
their proceedings were unwarrantable.
It was necessary that nine states should be present in congress, be-
sides those whose claims were to be heard. A deficiency in the repre-
sentation caused a long delay ; but after the expiration of another year,
the question was brought on. The claims of New York and
New Hampshire were put in, and both pleaded that Vermont 1780.
had no right to independence. The agents of the new state Sept. 20.
asserted their right, and offered to become part of the Union,
intimating that if they could not be admitted they should be reduced to
the necessity of making the best terms [they could with] the British
government.
The cause was further perplexed by a constitutional question, — wheth-
er congress had any power to form a new state within the lim-
its of the Union. The decision was deferred, and after 1781.
eleven months congress had proceeded no farther than to lay Aug. 20.
it down as an indispensable preliminary to the recognition
of Vermont as a member of the Union that they should " explicitly re-
linquish all demands of land and jurisdiction on the east side of Con-
necticut river, and on the west side of a line drawn twenty miles east-
ward of Hudson's river to Lake Champlain.'"
When this resolution was laid before the Assembly of Vermont, which
met at Charlestown, they determined to " remain firm in the principles
on which they first assumed government, and to hold the arti-
cles of union inviolate; that they would not submit the ques- Oct. 19.
tion of their independence to the arbitrament of any power
15
226 NEW HAMPSHIRE GRANTS.
whatever, but they were willing at present to refer the question of their
jurisdictional boundary to commissioners, mutually chosen ; and when
they should be admitted into the American Union, they would submit
any such disputes to congress."
The state of society within the seceding towns at this time was very
unhappy. The majorities attempted to control the minorities, and
these were disposed not to submit, but to seek protection of the gov-
ernment with which they had been connected. At the same time and
in the same place justices, sheriffs, and constables, appointed by the
authority of both states, were exercising jurisdiction over the same per-
sons. Party rage, high words, and deep resentment were the effect of
these clashing interests. An affray which began in the town of Ches-
terfield threatened a scene of open hostility between the states of New
Hampshire and Vermont.
A constable, appointed by the authority of Vermont, had a writ in an
action of debt against a man who was in the interest of New Hampshire.
He found the man, in company with a number of people of
Nov. 14. his own party, and attempted to arrest him. The owner of
the house interposed. The constable produced a book, which
he said contained the laws of Vermont, and began to read. The owner
of the house forbade him. Threatening words were used, and the offi-
cer was compelled to retreat. By a warrant from a Vermont justice,
the householder and another of the company were committed to prison
in Charlestown. They sent a petition to the assembly of New Hamp-
shire for relief. The assembly empowered the Committee of Safety to
direct the sheriff of Cheshire to release the prisoners. They
Nov. 28. farther empowered the committee to cause to be apprehended
and committed to prison in any of the counties all persons
acting under the pretended authority of the state of Vermont, to be
tried by the courts of those counties where they might be confined ;
and for this purpose the sheriffs were empowered to raise the posse
comitatiis.
In attempting to release the two prisoners from Charlestown gaol the
sheriff himself was imprisoned by the Vermont sheriff, under the author-
ity of a warrant from three justices. The imprisoned sheriff applied to
a brigadier-general of New Hampshire to raise the militia for his libera-
tion. This alarmed the Vermonters, and orders were issued
1782. by the governor for their militia to oppose force with force.
Jan. 12. A committee of Vermont was sent to Exeter "to agree on
measures to prevent hostilities." One of this committee was
the Vermont sheriff. He was immediately arrested and thrown into
prison at Exeter, and there held as a hostage for the release of the
sheriff of Cheshire. The assembly issued a proclamation allowing forty
days for the people in the revolted towns to repair to some magistrate
of New Hampshire, and subscribe a declaration that they acknowledged
the extent of New Hampshire to Connecticut river, and that they would
demean themselves peaceably as good citizens of the state. They also
ordered the militia of all the counties to hold themselves in readiness to
march against the revolters.
While affairs wore such a threatening aspect between the two states,
means were used at congress to take up the controversy on more general
ground. A committee who had under consideration the affair of admit-
ting Vermont into the Union and determining its boundaries, prevailed
on General Washington, then at Philadelphia, to write to the governor
BRIEF HISTORY OF THE CONTROVERSY. 22/
of Vermont, advising to a relinquishment of their late exten-
sion as an " indispensable preliminar\'" to their admission into Jan. i,
the Union, intimating, also, that upon their non-compliance 1782.
they must be considered as having a hostile disposition tow-
ards the United States, in which case coercio7i on the part of congress,
however disagreeable, would be necessary.*
This letter had the desired eiTect. The assembly of Vermont, taking
advantage of the absence of the members from the eastern
side of the river, obtained a majority for complying with the Feb. 22.
preliminary, and resolved "that the western bank of Con-
necticut river on the one part, and a line drawn from the north-west
corner of Massachusetts northward to Lake Champlain on the other
part, be the eastern and western boundaries of the state of Vermont, and
that they relinquished all claim of jurisdiction without those limits."
When the members from the eastern side of Connecticut river arrived,
they found themselves excluded from a seat in the assembly, and took
their leave with some expressions of bitterness.
After this compliance, it was expected that Vermont would be admit-
ted into the Union, and the question was solemnly put in congress ; but
a majority decided against it, to the no small disappointment
of many persons, beside the inhabitants of the disputed terri- Apr. 14.
tory. The pretence for this decision was, that they had ex-
ceeded the limited time ; but they had complied wuth the " indispensable
preliminary," and the order of congress requiring it stood unrepealed.
Though cut off from their connexion with Vermont, the revolted towns
did not at once return to a state of peace ; but the divisions and ani-
mosities which had so long subsisted continued to produce disagreeable
effects. The judicial courts of New Hampshire had sat without much
interruption in the counties of Cheshire and Grafton, whilst the officers
of Vermont held jurisdiction also; but when the latter were excluded
by the act of the Vermont assembly, a spirit of opposition began to arise
against the sitting of the former.
When the inferior court was holden at Keene, a number of persons
appeared to oppose its proceedings, and effected their purpose so
far as to make an adjournment necessary ; but three of the lead- Sept.
ers of the opposition were arrested and bound over to the supe-
rior court. In the mean time efforts were made to raise a party who
should oppose the superior court ; and it was reported that two hundred
men had associated and armed themselves for that purpose. On
the morning before the court was opened several of the leaders Oct.
came to the judge's chambers, and presented a petition praying
"that the court might be adjourned, and that no judicial proceedings
might be had whilst the troubles in w'hich the country had been involved
still subsisted." They were told that the judges could come to no de-
termination on the subject but in open court. When the court was
opened their petition was publicly read, and the consideration of it was
postponed to the next day. The court then proceeded to its common
business. The grand jury being impanneled, the doors of the house
where they met were kept open whilst the attorney-general laid before
them the case of the rioters at the inferior court. A bill was found
against them. They were arraigned, they pleaded guilty, and cast
* The letter of General Washington will be found among the papers which follow, in its
proper place. — Ed.
228 NEW HAMPSHIRE GRANTS.
themselves on the mercy of the court. The court remitted their punish-
ment on condition of their future peaceable behaviour. This well-judged
combination of firmness and lenity disarmed the insurgents, and they
quietly dispersed. From that time the spirit of opposition to governrpent
in that quarter gradually abated, and the people returned to their con-
nexion with New Hampshire.
SECTION IV.
Discontent in the Border Towns of New Hampshire
LYING East of Connecticut River.
Note by the Editor.
Readers will please bear in mind that on the 5th of January, 1776,
the general assembly of New Hampshire " took up civil government,"
and adopted what was called a "temporary constitution, '' to continue
during the war then commenced with Great Britain (see State Pap. N.
H., vol. VIII, pp. 2-4). Soon after, they assumed the name of the
"State of New Hampshire," of which Hon. Meshech Weare was the
chief magistrate, with the title of "President of the Council." This
temporary constitution, it appears, was not acceptable to a portion of
the people.
Extract of a Letter from Hon. Meshech Weare to New Hamp-
shire Delegates m Co7igresSy^ dated
Exeter, Decem^^ I6*^ 1776.
Gentlemen —
" I enclose you an Address of Several Towns in the
County of Grafton to the people at large (fabricated I sup-
pose at Dartmouth College) and calculated to stir up con-
tention & animosities among us at this difficult time : Espe-
cially as our Government is only temporary & the state of
matters not allowing a Revisal. However this Pamphlet
with the assiduity of the College Gentlemen, has had such
an effect that almost the whole County of Grafton, if not the
whole, have refused to send members to the new Assembly,
which is to meet next Wednesday." [M. W.]
♦This letter is found in State Pap. N. H., vol. VIII, p. 420.— Ed.
DISCONTENT IN BORDER TOWNS. 229
[The following is an exact copy of the said printed Address :]
An I ADDRESS | of the | INHABITANTS | of the ] Towns | of
Plainfield, Lebanon, Enfield, (alias Relhan) Canaan, Cardigan,
Hanover, Lime, Orford, Haverhill, Bath, and Landaff, to the
Inhabitants of the several Towns in the Colony of New-Hampshire. |
NORWICH:! Printed by JOHN TRUMBULL, m,dcc,lxxvi.
The INHABITANTS of a Number of Towns in the Colony of
Ne'w-Ha7npshire, to the People of the several Towns throughout said
Colony.
Friends and Brethren.
THE important Crisis is now commenced wherein the providence of
God ; the Grand Continental Congress ; and our necessitous cir-
cumstances, call upon us to assume our natural right of laying a founda-
tion of Civil Government within and for this Colony. — Our anxious
concern how the present time may be improved, whenever we are act-
ing, not only for ourselves, but ages yet unborn ; and on which the fate
of posterity politically depends, imbolden us to address you in this man-
ner upon the important subject. How many millions are there in the
world, who would count nothing in this life, too dear to part with, if
they might arrive at such a period : and yet how frequent are the in-
stances, wherein such golden opportunities have been lost, principally
through the inattention of the people : whereby ambitious and designing
men have inshralled [inthralled] whole Kingdoms and Empires ; and
thereby brought them to ruin and destruction. The Tyrant would never
rise, nor the Oppressor reign, were it not for the pusillanimous submis-
sion of the people, who have it in their power to prevent them, and ought
to hold the reins of Government in their own hands. Freedom and lib-
erty never can be lost, nor gained in the hands of Tyrants, but by the
tame submission of the subject, or through their criminal neglect, or
inattention : and are seldom if ever regained, but by bloody conflicts.
Witness the present day. Who could have thought, even less than
twenty years ago, that arbitrary power and oppression could have
reigned predominant in one of the best constitutions (as supposed) in
the world, in so short a time ; but not more strange than true. This
in part, may be accounted for by the parliament's giving up into the
hands of the King such power and influence ; but principally by the
criminal neglect, if nothing worse, of the people ; who have the right of
constituting one main branch of the British parliament. It may be ob-
served, as a self-evident proposition, that, whenever a people give up
their right of representation, they consequently give up all their rights
and privileges ; this being the inlet or door to arbitrary power and op-
pression ; therefore upon the present exigency of affairs, it behooves
every individual, who is a subject of Government, to attend to the
important business — see and act for himself. No one is excused, as we
are all upon an equal footing, and all equally interested. — Therefore let
us, like free born Americans, know our rights and privileges, and like
rational men act up to our exalted character. — Let us not give occasion
I Norwich, Connecticut.
230 NEW HAMPSHIRE GRANTS.
to our neighbours or posterity to reproach us, by saying, that we made a
glorious stand against the strides of arbitrary power, and oppression ;
and with our blood and treasure gained the happy conquest, but in the
first advance we made towards establishing a constitution for ourselves
and posterity, we either inadvertently or carelessly, gave up our most
essential rights and liberties ; or rather that we did nothing to preserve
them. — Upon these considerations, Brethren, are we induced to treat
with you freely upon this subject ; which leads us to a particular inquiry
into, and observations upon the present state and circumstances of the
Colony.
And 1st. We shall all doubtless agree, that the former government of
this Colony was in a manner absolute ; perhaps more so than any of the
united Colonies especially in point of representation, which was solely
under the controul of the chief Magistrate of the Colony ; and that it
was owing to the goodness of the ruler that we did not feel the whole
weight of the iron rod, that was thereby put into his hands : and also
that the whole intention of the people now is to abolish the old, and
form a new Government upon a republican establishment, a design the
most noble ; a free people governing themselves by their own laws &c.
It will also be allowed no doubt, that as the Colony hath formerly been
divided into Counties, Towns and districts, for the convenient and reg-
ular governing the same, they will still act as such. Therefore, if there
was. nothing more in the way, we should likewise be agreed to take the
necessary step for a remedy in the case, which naturally arises ; ■ (viz)
as the body is too large and numerous to act individually, that the peo-
ple elect their Representatives, and appoint them a time and place, to
assemble together, for the purpose of laying a foundation or form of
civil Government, throughout the Colony. But we are not insensible
that there are several objections and embarrassments in the way; and
by many, perhaps, thought to be weighty and important; which, if re-
moved, will clear the way for our unanimous proceeding. Therefore,
we shall endeavor to consider, and remove them by fair and reasonable
observation.
In the first place it will be objected no doubt, that there is now sub-
sisting in the Colony, an Assembly, lately appointed by the people ;
who have formed themselves into a Council, and House of Assembly
(as they stile themselves) and that said Assembly have already formed
a plan for electing a new Assembly, this insuing fall, for the then insu-
ing year: And, therefore, it would be preposterous, now to appoint a
new Assembly, &c. To which we answer, ist. That, at the time,
when the members of said Assembly were elected, the reasons, which
make it now necessary that an Assembly should be appointed, did not
exist : As the reasons for calling said Assembly then, and the purpose,
for which they were appointed, was only of a temporary duration ; (viz.)
to act in the exigences of the Colony, under their distressed and difficult
circumstances, as the case might require. No one we believe thought
at that time, they were appointed to institute a lasting plan of Civil
Government for the Colony ; especially, independant of, and in contra-
distinction to the Crown of Great Britain ; therefore they were not
elected for the purpose ; and consequently have not the power that an
Assembly now ought to have.
A FORMER Convention sitting in the Colony elected much as it
chanced to happen under our then broken and confused circumstances,
assumed to themselves the prerogative to regulate and determine how
DISCONTENT IN BORDER TOWNS. 23 1
and in what manner the present Assembly should be elected, omitting
some towns, uniting half a dozen others together, for the purpose of
sending one member only ; granting to some the libert}- of sending one,
and to some towns two, and others three, confining the electors in their
choice of a Representative to persons of ^200 estate and so on, in that
manner, as they of their sovereign pleasure thought fit to dictate, and
accordingly thus sent out their precepts ; in which way and manner the
present Assembly were elected : By which means, many towns are
deprived of any representation at all, and many others so in effect :
And therefore, the Colony is far from being properly represented. On
this point we are acquainted, that those, who are in favour of the pres-
ent Assembly, have much to say, though we apprehend but little to the
purpose. It is argued in the first place, that when there is a number of
towns, of which the inhabitants are not more numerous than some one
other town, that it is not reasonable they should have a greater number
of Representatives — To which we answer, i. That the number of inhab-
itants in this case, in point of right, argues nothing in favour of the
proposition ; for every body politic incorporated with the same powers
and privileges, whether large or small, are legally the same. We may
with the same parity of reasoning as well argue, that a small body con-
sisting of all the constituent parts of a man, is not a man ; because
there are others of the same species of a much larger size : Or that a
person at the age of twenty one, is not legally capable of acting, because
there are others of fifty or sixty, that can do no more. — The arguments
may as well be applied in another case as follows, (viz.) That a person,
of a large estate in a community, should have the privilege of voting
equal to half a dozen others of small estates : Yet we believe even those
that are most sanguine for the argument, will not insist upon it ; al-
though we cannot see if they gain the first, why they may not the latter.
Notwithstanding, we do not deny, but the legislative body may, in point
of prudence, grant to the large capital towns in the Colony some greater
privileges in this respect, than the other towns have ; but to unite half
a dozen or more towns together, equally privileged, in order to make
them equal to some one other town, is a new practice in politics. We
may as well take the souls of a number of different persons and say they
make but one, while yet they remain separate and difterent, as in a po-
litical sense to compound a number of different corporate bodies into
one, and yet they remain distinct. The very idea destroys their being ;
but this manner of arguing is only begging the question : For even
granting for argument sake, that it is reasonable that some one town in
the Colony ought to have as large a part in the representative body, as
half a dozen others, or nearly as a whole county ; (which is the case in
the present Assembly and that County too consists of above forty towns,
the most of which are very considerably settled) yet our assertion
holds good ; (viz.) That no person or body corporate, can be deprived
of any natural or acquired right without forfeiture or voluntary surrender,
neither of which can be pretended in the present case : Therefore, they
who espouse the argument, are necessarily driven to adopt this princi-
ple ; (viz.) that one part of the Colony hath a right to curtail or deprive
the other part of their natural and acquired rights and privileges, even
the most essential, without their consent. The argument is so absurd,
that we shall only say, that they who advance such doctrines, and main-
tain them, are rank Tories, in the modern sense of the phrase. If this
principle must take place, we had better lay down our arms, and spend
232 NEW HAMPSHIRE GRANTS.
no more precious blood and treasure in the contest ; for it is only de-
stroying with one hand, and setting up the same thing or that which is
worse with the other ; they who will tamely submit to such a govern-
ment as this, deserves not a cohabitation, amongst a free people. Be-
sides, if there is any reason, why one town should have a greater share
of representation than another, it must be done by enlarging their privi-
leges, and not by curtailing the others.
We proceed 2dly, to take notice of the proceedings of said Assembly,
which we think will serve much to the removing the objection, i. Ob-
serve, that the precepts issued out for calling said Assembly, directed
the people to elect Representatives to sit in Congress, with power, if
thought advisable, to form themselves into a House of Representatives
for said Colony ; and the first step after they had thus formed themselves,
was to elect, principally if not wholly, from among themselves, a certain
number, called a Council, thus dividing the representative body into
two parts, assuming the title of Council and Assembly of the Colony,
&c. — How such a plan of formation came first into consideration, we
leave for others to judge : For our part we think, that if it was neces-
sary for part of the representative body to be set apart in that capacity,
it was more necessary that they should have, in the first place, appointed
some person, whom they might have had to council and advise. We
can hardly think, that at the time of their election, the invention of
their constituents so fruitful, or that they were by them thus instructed.
Perhaps they might think they were imitating a neighbouring Colony,
but the case is very different, as the other government acted by ancient
practices and charters ; but this was by mere institution.
2.dly. It appears by their publications, that the next principal step
was to settle the plan of representation for the future. Whereby they
established their new mode of government ; and for this purpose direct
the people in the colony, in some future time, to elect twelve persons in
the'Colony to be a Council, (viz.) Five in the county of Rockingham ;
two in the county of Hillsborough ; two in the county of Strafford : two
in the county of Cheshire : and one in the county of Grafton : And as to
the representative body, that is to be elected in such a way and manner,
as the present Assembly shall see cause to direct. This precedent to
us, not only appears novel and unintelligible, but alarming ; for in all
governments where the people elect their Council, they chuse them at
large, without restrictions to any particular part of the Colony. It is
true, there is a practice in the Massachusetts-Bay, which at first view
seems to be somewhat similar, but essentially different ; which is this,
that upon their receiving their latest charter, there was a union of two
antient governments ; in settling of which it was stipulated between
them, that there should be such a number of counsellors in one, and
such a number in the other, and such a number at large ; which in no
way resembles the present case : And we might with as much propriety
limit the Council to particular towns as counties.
idly. We are at a loss by the modling of this Council, what they
would be aiming at. At first view we should conjecture, that they in-
tended to arrange them in such a manner, (according to their plan of
representation) as equally to represent the people in the Colony; but
when we observe the title they have given them, it appears this cannot
be their intention ; for by it they not only exclude them from the repre-
DISCONTENT IN BORDER TOWNS. 233
sentative body, but even the Assembly itself — stiling them when acting
in conjunction with the Representatives, The Council and Assembly of
the Colony, &c. But we shall leave that matter for their future explana-
tion, and only add, that if they are not part of the Assembly, they
ought not to have a political being in the Colony.
^jdly. It is alarming, in that it appears from the whole face of the
thing, that monopolizing and aggrandisement are the principal objects
in view ; and that this new mode of government is a little horn, growing
up in the place where the other was broken off; for by this plan, the
majority of the Council are to be chosen out of a part of the Colony ;
perhaps not more than one fourth part of the extension of inhabited
territory in the Colony : And as the same power that formed the Coun-
cil are to regulate the representative body, we may depend upon it that
their conduct will be all of a piece so as to support their new formed
and instituted body ; as they have reserved to themselves the power of
regulating this matter, as their wisdom and soverign pleasure shall
dictate. If they meant to establish a plan for future representation,
why was it not put on some equal footing or rule, whereby the people
might be able to judge of its propriety, and know when they acted upon
it or not? But as the case now is, if any town or number of towais are
neglected, or deprived of having a Representative, the only remedy is
to go with a petition or complaint to the new erected house, praying
for redress &c. And what may be expected for answer? If it is rational
it will be this only ; that it was not the sovereign pleasure of the former
Assembly that you should be represented ; which will be a full answer.
Pray where is the difterence between this establishment and the former
one, so much complained of, except that the Governor had the power in
the former, and a number of persons in the latter. Much more might
be offered, to obviate the objection, but we think what is said already
is sufficient : And shall now proceed to some others, idly. It is ob-
jected by some, that a large and full representation will be more ex-
pensive, and a small number can do the business sufficiently. — To which
we answer — by the same parity of reasoning we may say, that one man
is sufficient to do the business, which will make a greater saving still,
and so put out our own eyes, and trust to others to lead us. But re-
member, he that gave up his birthright for a small mess of pottage, had
his fate into the bargain, that his brother should rule over him. — We
believe this objection arises principally for want of a just estimate of so
invaluable a privilege — the other Colonies have thought it necessary,
and actually made it a precedent, that every incorporated town, or dis-
trict, should be represented by one member at least, and generally two.
And it may be observed, almost universally, that where there is a full
representation, the people chearfully submit to whatever is done : But
especially, in laying the foundation of government, and establishing a
constitution. We think it of the utmost importance, that every inhab-
ited town have the liberty, if they please, of electing one member, at
least, to make up the legislative body — As it may be much questioned, if
any one distinct corporate body be neglected, or deprived of actual rep-
resentation, whether, in that case, they are any ways bound, or included
by what the others may do : Certainly, if they are considered in a state
of nature, they are not: No, not even an individual person. But sup-
pose it should be thought prudent at any time, by the legislative body,
to restrict, or lessen the number of representatives ; it is absolutely
necessary that the w^hole should be active in the matter, in order to
234 NEW HAMPSHIRE GRANTS.
surrender their privileges in this case, as they cannot be curtailed
without.
"^dly. It \vill be objected perhaps by many, that to contend about this
matter at the present time, will have a tendency to stir up division and
contentions amongst the people, which would be fatal to the common
cause, which so much depends upon our union, &c. This objection, at
first view, appears important : But upon examination will vanish. We
readily agree, that it is a thousand pities, that when we are engaged in
a bloody contest, merely to oppose arbitrary power without us, we
should have occasion to contend against the same within ourselves ; es-
pecially by those who profess to be friends of liberty. — We imagine that
this objection arises for want of due consideration. We are much mis-
taken in our views, if we are not proposing that, and that only, which
will prevent contentions, and divisions taking place amongst us : And
that which will have the most happy effect to unite us in indissoluble
bonds of union and friendship. Certainly, if the observations, we have
made, are just, the objection must cease in the mind of every reasona-
ble person ; for if we consider, that the great object we have in view,
for which the present unnatural war is pursued between Britain and us,
principally consists in this, that there cannot be any legislation or taxa-
tion without representation : Or in more explicit terms, That no person
is, or ought to be subject to a law, which he had no hand in making;
or to which he hath not given his consent ; or that his property cannot
be taken from him, but by his voluntarily giving it. — Now if the case
under consideration be similar, (which we think very plainly appears)
are we not pursuing the same general cause? the only difference is, we
are contending against the same enemy within, that is also without :
And certainly, if arbitrary power without us, ought to be rewarded with
vengeance, that within ought to have seven-fold. Therefore, we are
persuaded that every one who is a true friend to the liberties of man-
kind, and has any sense of his own or posterity's good, will think, that
the cause well deserves a serious consideration, and speedy remedy.
If there were no steps taken towards settling a foundation of govern-
ment in the Colony, we might more easily be excused at so difficult a
time, as the present is : But to our surprise we find the plan already
laid, and confirmed, as to the most essential part — by the present pre-
tended Assembly.
^hly. Perhaps it will be said by some, that the proper remedy in this
case would be by petition and remonstrance to said Assembly for relief
&c. To this we can say, that it was early done by several towns in the
Colony; but to no purpose; as the petitions were rejected, and in a
manner treated with contempt. Besides, if the\^ represent but part of
the Colony, and are not legally constituted, it is absurd to petition them
as a legal body, to grant relief, especially, if in doing it they would de-
stroy their own political being. The true state of the case is, that we
have no legal power subsisting in the Colony, for the purposes, for
which it is now necessary there should be : It is still in the hands of
the people, to whom we address ourselves ; and whom we call upon, to
exercise the rights and privileges they have to erect a supreme ligislative
Court for the Colony, in order to lay a foundation and plan of govern-
ment in this critical juncture of affairs : And that we no longer remain,
as in a state of nature or anarchy ; without law or government. Now is the
time, when we may not only act for ourselves, and posterity, freely, and
without controul — but we are called upon to do it ; and if this opportu-
DISCONTENT IN BORDER TOWNS. 235
nity be lost, we shall not have it renewed again, although we may seek
it carefully with tears, when it is too late. The time has been, when
we have petitioned and prayed to others, for this privilege, but to no
purpose: And depend upon it, if we sleep on a little longer, we shall
awake up in the like circumstances. As for ourselves, we are deter-
mined not to spend our blood and treasure, in defending against the
chains and fetters, that are forged and prepared for us abroad, in order
to purchase some of the like kind of our own manufacturing. — But mean
to hold them alike detestable. Therefore, Brethren, we refer the case,
with what we have offered upon it, to your candid perusal — desiring, the
same may conduce to the general good of the inhabitants of the Colony ;
which is the only motive exciting us hereto. And will only add that
though we have no desire to dictate in the matter, yet as it is necessary
some method be proposed by which the sentiments of different towns
may be known to each other, relative hereto ; it is our desire in case
any town, or number of towns, concur with us in sentiments as herein
expressed ; that they will communicate the same by letters directed to
Bezaleel Woodward, Esq; of Hanover, Clerk of the United-Com-
mittees, by whom the foregoing address is published ; that we may be
able to correspond on the subject ; and that some measure may be pur-
sued whereby our invaluable privileges may be secured.
Signed in behalf of the inJiabitants of the toivns before vientioned^ by
order of their Committees.
NEHEMIAH ESTERBROOK, Chairman.
Hanover, fuly 31, A. D. 1776.
BEZALEEL WOODWARD, Clerk.
N. B. The meeting of the above mentioned Committees stands ad-
journed to the second Thursday in October next, then to be held in the
College Hall, in Hanover, at 10 o'clock a. m.
State of New Hampshire.
The Government and People of said Stale to the Selectmen
of Hanover, in said State, Greeting:'^
You are hereby required to notify the legal inhabitants
paying taxes in the towns of Hanover, Canaan and Cardi-
gan (giving them fifteen days notice) to meet at some con-
venient place in your town, to elect one person having a
real estate of the value of two hundred pounds lawful money
in this State, to represent them in the Assembly, to be held
at Exeter, on the third Wednesday in December next, at three
o'clock in the afternoon, and to empower such representa-
tive, for the term of one year from their first meeting, to
transact such business and pursue such measures as they
may judge necessary for the publick good. And the person
who shall be elected you are to notify that he attend at time
and place af ore-mention' d.
*See State Pap. N. H., vol. VIII, p. 421. — Ed.
236 NEW HAMPSHIRE GRANTS.
And at said meeting, each voter, as atoresaid, on one
paper, is to bring in votes for one person, being a reputable
freeholder and inhabitant within your County, having a real
estate of two hundred pounds, to serve as members of the
Council for the year ensuing.
And the Clerk of your town is hereby directed to seal up
all such votes under cover, and send them to the house of
Mr. Gree7i, in Wentworth, in your County, by the second
Wednesday in December next, directed to Francis Worcester,
Charles JoJinsoii, and Abel Chandler, a Committee appointed
to receive them.
And it is Resolved, That no person be allowed a seat in
Council or Assembly, who shall, by himself or any person
for him, before said choice, treat with liquor, &c. any
elector, with an apparent view of gaining their votes, or
afterwards on that account.
And make return of this writ, with your doings thereon,
into the Secretary's office at Exeter, by the third Wednes-
day in December next.
M. Weare, President,
P. White, Speaker.
By order of the Council and Assembly :
E. Thompson, Secretary.
Exeter, September 30, 1776.
Proceedings at Town-meetings.^
Meeting at Hanover.
Hanover, November 27, 1776.
Pursuant to the within precept, we notified the inhabitants paying
taxes in the town of Hanover, Canaan and Cardigan, to meet at the
Meeting-House in said Hanover, this day, for the purposes within men-
tioned, who being met passed the following votes, viz :
i^' Voted n7tanif no Hsly, That the Address of the inhabitants of this
and other towns, to the people of the several towns through this Colo-
ny, published by their committee in July last, is truly expressive of our
sentiments respecting representation, and the unconstitutional forma-
tion and procedures of the present Assembly of this State.
2d, Voted u7ianinionsly , That we will not choose a Representative as
directed in the precept issued by the Assembly of this State, for the
following reasons, viz :
I. Because no plan of representation is as yet formed in this State
consistent with the liberties of a free people, in that the people have not
universally had a full representation in any Assembly since the State
*See State Pap. N. H., Vol. VIII, pp. 421-426.— Ed.
DISCONTENT IN BORDER TOWNS. 23/
was declared independent of the Crown of Great Britain, by which dec-
laration we conceive that the powers of Government reverted to the
people at large, and of course, annihilated the political existence of the
Assembly which then was ; notwithstanding which they have since pre-
sumed to act in the name of the people, and in their precept undertake
to prescribe and limit the mode of procedure in our choice of a Repre-
sentative, while it does not appear that they are to be chosen for the
purpose of recognizing the rights of the people and assuming such Gov-
ernment as shall be agreeable to them, though nothing of that nature
has at any time been done in the State, except a plan formed by the
Representatives of a part of this State, by which the whole rights of the
people are assumed by that House.
2. Because the precept, in consequence of which this meeting was
called, is inconsistent with the liberties of a free people, in that it di-
rects to have different corporate towns (who have a right to act by them-
selves in all cases) to unite for the purpose of Choosing a Representative
and Counsellor.
3. Because it limits us in our choice to a person who has real estate
of two hundred pounds, lawful money ; whereas we conceive that there
ought to be no pecuniary restriction, but that every elector is capable to
be elected.
3d. Voted unanimously. That the Selectmen be directed to make re-
turn of the foregoing vote with the reasons annexed, together with the
precept, to the Assembly proposed to be held at Exeter, on the third
Wednesday in December next.
4th. Voted unanimously. That we will not give in our Votes for a
Counsellor as directed in the precept.
1. Because we can see no important end proposed by their creation,
unless to negative the proceedings of the House of Representatives,
which we humbly conceive ought not to be done in a free state.
2. Because every elector ought to have a voice in the choice of each
Counsellor (in Cases where they are needful,) and not to be restricted
in his Choice to any particular limits within the State. For which rea-
son we protest against any Counsellor being chosen in this County as
directed in the precept.
5*^^ Voted unanimously. That the Clerk be directed to make return
of the last vote, with the reasons annexed, and our Protest, as the Pre-
cept directs, relative to vote for a Counsellor.
6*^ Voted, That this meeting be dissolved and it was accordingly
dissolved.
Attest : IcHABOD Fowler ? Selectmen
Thomas Durkee ( of Hanover.
Meeting at Lyme.
At a meeting of the inhabitants of the town of Lyme, legally warned,
and convened at the house oi Ebenezer Green, Esq., on Monday the 25''^
of November, and continued by adjournment to Monday, the 2*1 of De-
cember inst.
I*' Voted That the pamphlet lately published by the Committee of
the towns of Lyme, Hanover, Lebanon and Plainfield, is truly expres-
sive of our sentiments on Representation, and the unconstitutional for-
mation and proceedings of the present Assembly.
238 NEW HAMPSHIRE GRANTS.
2d. Voted, That we cannot comply with the precept issued to this
town, in Conjunction with five other towns, for choosing a Representa-
tive, for the reasons following, viz : Because the present plan of Rep-
resentation is entirely inconsistent with a free State, where every corpo-
rate town hath an undoubted right to act for themselves in choosing a
member of the legislative Body ; Because the elections are limited to
persons of ^200 lawful money, real estate, for their choice, whereas
every elector in free states is capable of being elected.
3d. Voted, That the Clerk be directed to make return of our reasons
for our non-compliance to the proposed Assembly that is to sit at Exe-
ter on the third Wednesday of December next.
Voted, That we cannot comply with the direction to the choice of
a Counsellor in manner proposed in the precept, for the reasons follow-
ing : First, Because that in every free State the people have an un-
doubted right to their voice in the choice of the whole Council, either
by themselves or their Representatives ; Secondly, Because we cannot
see any good proposed by confining the electors to certain limits within
the State for their choice.
[^thj Voted, That the Clerk be directed to make return of our reasons
for non-compliance to the Committee appointed for the receiving of the
votes for a Counsellor, and also to enter a protest against the choice.
Test : JONA. Child, Town Clerk.
Meeting at Acwoj'tJi.
The reason why we do not join with the towns of Unity, Acworth,
Leinpster, Saville, Croydon, and Newport, as we did last year, in choos-
ing a representative, is this, viz : Then we supposed they was to act
only upon the present exigencies of the Government ; but now the case
is much altered. The honorable Continental Congress has declared
their independence of Great Britain ; therefore we think that the pres-
ent Assembly has not taken right methods in issuing out their pre-
cepts for the choice of Representatives and Counsellors for the year en-
suing; for, in the first place, they have, as to Representative, in some
incorporated towns, allowed two or three Representatives ; to others,
they have joined five or six towns together ; whereas we think every
incorporated town ought to be represented by themselves. Then, as to
Counsellors, in one County they have ordered five, in some two, and in
one County but one, which we look upon not according to liberty; for
as this State is but one body, we think they ought to be chose by the
people at large. And also they have ordered that neither of these shall
have a seat in the Assembly without they have real estate to the value
of two hundred pounds, lawful money; whereas we think every lawful
elector is a subject to be elected.
Voted, That the above reasons be sent to the Council and Assembly
of this State, which is to convene together at Exeter, the third Wednes-
day of this instant, and that the Town Clerk shall sign it in behalf of
the town.
This done at a legal town meeting, Acworth, December 9*^ 1776.
Thomas Putnam, Moderator.
A true copy. Attest : Sam^ Silsby, Town Clerk.
DISCONTENT IN BORDER TOWNS. 239
Petition from Inhabitants of MarloWy &c.
To the ho)iou7'able Council and Assembly of the Colony of New Ha7np-
shire to be convened and asse?nbled at Exeter, on the third Wednesday
of Deceniber instatit.
The petition of the inhabitants of the towns oi Marlow, Alstead, and
Stirry, humbly showeth ; That whereas, it is the advice and direction
of the Continental Congress relative to the assuming Civil Government
in this Colony, have advised and directed the Provincial Congress of
this Colony, previous to their assuming a form of Civil Government,
that they at their Convention do grant warrants for a full and free elec-
tion of Representatives in this Colony ; and whereas various coupling of
various towns together in the western parts of the Colony, and allowing
but one Representative to a coupling, and we being differently treated
from the major parts of this Colony, who are allowed a Representative
to each town ; and whereas the towns of Marlow, Alstead and Surry,
are towns incorporated with all invariable privileges and immunities that
any other towns do or may enjoy in this Colony, and being thus coupled
together as aforesaid, are abridged or curtailed of the privilege of each
individual town electing a Representative, which we humbly conceive
cannot be construed to be a full and free election or representation
of the said Colony agreeable to the advice of the Continental Congress
above recited ; we therefore, your humble petitioners, would beseech
the honourable Council and House of Representatives, that previous to
the further pursuing the plan of Civil Government, that there may war-
rants be granted for a full and free election or representation of each of
the individual towns above-mentioned, pursuant to the advice of the
Continental Congress aforesaid : thus shall your humble petitioners, as
in duty bound, ever pray.
Sam^ Gustin Woolston Brockway
ACsALOxM Kingsbury Jonathan Smith.
Coi?i7mttee from Marloiu, Alstead and Surry.
Dated Colony of New Hampshire, Marlow, December ii'^\ A. d. 1776.
Chesterfield — Instructions.
To Mr. Michael Creasy, Representative for the Town of Chesterfield,
in the State of New Hampshire.
Sir:—
Whereas it having pleased Almighty God to humble the people of
this land, by permitting the tyrant of Great Britain and his minions, in
the fulness of their rage, to prevail against them by subverting the Civil
Constitution of every Province in his late Af/terican dominions, aifecting
thereby the activity of law and justice, and the introduction of vice and
profaneness, attended with domestick confusion, and all the calamities
attendant on a dissolution of the power of Civil Government, which, in
this alarming progress, have made it absolutely necessary for each state
to separate itself from that land from whence their forefathers were exiled
by the cruel hand of tyranny, and to form for itself, under the ruler of
all the earth, such plans of Civil Government as the people thereof
should think most conducive to their own safety and advantage : Not-
withstanding the importance of an equitable system of Government, as
240 NEW HAMPSHIRE GRANTS.
it affects ourselves and our posterity, we are brought to the disagreeble
necessity of declaring, that it is our candid opinion that the State of
New Hampshire, instead of forming an equitable plan of Government,
conducing to the peace and safety of the State, have been influenced by
the iniquitous intrigues and secret designations of persons unfriendly,
to settle down upon the dregs of Monarchical and Aristocratical tyranny,
in imitation of their late British oppressor. We can by no means imag-
ine ourselves so far lost to a sense to the natural rights and immunities
of ourselves and our fellow men, as to imagine that the State can be
either safe or happy under a Constitution formed without the knowledge
or particular authority of a great part of its inhabitants ; a Constitution
which no man knows the contents of, except that the whole Legislative
power of the State is to be entirely vested in the will and pleasure of a
House of Representatives, and that chosen according to the Sovereign
determination of their own will, by allowing to some towns sundry voices
in the said House, others but one, and other none ; and in a Council of
twelve men, five of which are always to be residents of Rocki?igham
County, who by the assistance of two others of said Council, have the
power of a casting voice in all State affairs. ^
Thus we see the important affairs of the State liable to be converted
to the advantage of a small part of the State, and the emolument of its
officers, by reason of the other part of the State not having an equal or
equitable share in the Government, to counterbalance the designs of the
other. You are therefore authorized and instructed to exert yourself to
the utmost to procure a redress of the afore-mentioned grievances, and
in case they will not comply, to return home for further instructions.
Solomon Harvey, per order Com.
Chesterfield, December y^ 12*^, 1776.
Haverhill and other Tozvns.
The inhabitants of the Towns of Haverhill, Ly?nan, Bath, Gunthwaitj
Landaff and Morristown.
At a meeting legally warned, in consequence of a precept from the
Assembly at Exeter, for the purpose of choosing a representative, as
also to give in their votes for a Counsellor for the County of Grafton^
having refused a compliance with said precept, have chosen us, the sub-
scribers, a Committee to return the precept, together with the reasons
of their non-compliance : which reasons are as follows, viz :
First. Because no plan of Representation has yet been found in this
State consistent with the liberties of a free people ; and it is our humble
opinion, that when the Declaration of Independency took place, the
Colonies were absolutely in a state of nature, and the powers of govern-
ment reverted to the people at large, and of consequence annihilated
the political existence of the Assembly which then was.
Secondly. Because the precept directs to have a number of different
towns (who have an undoubted right to act by themselves separately)
to unite for the purpose of choosing a Representative and Counsellor.
Thirdly. Because we are limited in our choice of a Representative to
a person who has a real estate of two hundred pounds, lawful money ;
whereas we conceive that every elector is capable of being elected.
Fourthly. Because that no bill of rights has been drawn up, or form
DISCONTENT IN BORDER TOWNS. 24I
of Government come into, agreeable to the minds of the people of this
State, by any Assembly peculiarly chosen for that purpose, since the
Colonies were declared independent of the Crown of Great Britain.
Fifthly, Because if a Council is necessary, every elector ought to have
a voice in the choice of each Counsellor, and not to be restricted to any
particular limits within this State.
For which reasons we protest against a Counsellor being chosen in
this County, as directed in the precept.
Ephraim Wesson Elisha Cleaveland
John Young James Bailey
John Clark Committee.
Haverhill, December 13*'% 1776.
SECTION V.
Vermont assumes Government — New York opposes.
Note by the Editor.
On the 30th of December, 1776, a joint committee of the house and
council of New Hampshire was appointed " to take under consideration
the difficulties and grievances subsisting and complained of by sundry
towns and people in the County of Grafton, & any other towns, respect-
ing the present form of government," &c., and to make report. The
committee on the part of the house consisted of Samuel Gilman, Jun.,
Jos. Whipple, Benj. Giles, Geo. Gains, Timothy Ellis, Daniel Brainerd,
John Wentworth, Jun., Christopher Webber, and Thomas Odiorne.
On the part of the council, Geo. King, Jonathan Blanchard, and Eben-
ezer Thompson. On the 3d of January, 1777, the said committee
made report to the house " on the affairs of Grafton," in which report
conciliatory measures were recommended and adopted, to allay the spirit
of discontent among the people ; and another committee was appointed
to visit the county, and "in the most earnest manner entreat the people to
consider the consequences of such internal discords and divisions among
ourselves," &c. This latter committee consisted of Hon. Meshech
Weare, Benjamin Giles, Esq., and John Wentworth, Jun., Esq. (see
State Pap. N. H., vol. VIII, pp. 442, 450), to which committee, subse-
quently, January 14, Hon. Josiah Bartlett was added (p. 463). _ What
was effected by this committee does not appear ; but the condition of
the country, in the mean time, seems to have arrested the progress of
disaffection in Grafton county, and to have turned attention to measures
for their defence against the common enemy. Ticonderoga was surren-
dered, and Burgoyne's army was on its invading march into the New
Hampshire grants. All was alarm and anxiety, so that the border towns
east of Connecticut river made earnest application to the New Hampshire
16
242 NEW HAMPSHIRE GRANTS.
government for help. In the mean time, however, between New York
and the people of the New Hampshire grants on the west side of Con-
necticut river, the controversy was earnestly waged. On the 24th of
July, 1776, a convention was held at Dorset, Vt., which consisted of
fifty-one members, representing thirty-five towns, which, by adjourn-
ment, again met, Sept. 25, 1776, and again, at Westminster, January
15' '^111- At this latter meeting of the convention, it was resolved,
no one contradicting, " That the district of land commonly called and
known by the name of ' New Hampshire Grants,' be a new and separate
state ; and for the future conduct themselves as such." (See documents
in Slade's Ver. Pap., pp. 65-88.) Of this important step, due official
notice was given to the continental congress. (See, also, N. Y. Col.
Documents, under N. H. Grants.) The action of the Westminster
convention, Jan. 15, 1777, led to new complications with New Hamp-
shire. The said convention adjourned, to meet at Windsor July 2,
1777; and then a draft of a constitution was presented, read, and
adopted. The convention then adjourned again, to meet at Windsor
on the 24th of December, when the constitution was revised, and the
day for election of officers under it appointed the first day March, 1778.
The first assembly of the new state, called Vermont, was to be held on
the second Thursday of the same month.
The documentary papers, relating to the proceedings above referred
to, are found in detail in Slade's Vermont State Papers, pp. 21-66 ; also,
in Governor and Council Rec. Ver., vol. I, App., and in the Colonial
Doc. Hist, of New York.
Declaratio7i and Petition of the Inhabita7its of the New
Hampshire Grants to Congress, Jan. 15, 1777.
[p. 51.] To the Hon^^^ the Continental Congress :
The declaration and petition of the inhabitants of that part
of North America, situate south of Canada line, west of Con-
necticut River, North of the Massachusetts bay and East of a
Twenty mile line from the Hudson's River, containing about
one hundred and forty-four townships, of the contents of six
miles square each, granted your petitioners by the authority
of New Hampshire, besides several grants made by the au-
thority of New York, and a quantity of vacant land :
Humbly sheweth — That your petitioners, by virtue of the
several grants made them by the authorities aforesaid, have
many years since, with their families, become actual settlers
and inhabitants of the said described premises, by which it
is now become a respectable frontier to three neighbouring
states, and is of great importance to our common barrier
Ticonderoga, as it has furnished the army there with much
provisions, and can muster more than five thousand hardy
VERMONT ASSUMES GOVERNMENT. 243
soldiers capable of bearing arms in defence of American
liberty :
That shortly after your petitioners began their settle-
ments, a party of land-jobbers in the city and State of New
York began to claim the lands, and took measures to have
them declared to be within that jurisdiction :
That on the fourth day of July 1764,* the king of Great
Britain did pass an order in council, extending the jurisdic-
tion of New York Government to Connecticutt River, in
consequence of a representation made by the late Lieuten-
[p. 52.] ant Governor Golden, that for the convenience of
trade and administration of justice, the inhabitants were
desirous of being annexed to said State :
That upon this alteration of jurisdiction the said Lieuten-
ant Governor Golden did grant several tracts of land in the
above-described limits, to certain persons living in the State
of New-York, which were at that time in the Actual posses-
sion of your petitioners ; and under colour of the lawful
authority of said State did proceed against your petitioners
as lawless intruders upon the Crown-lands in their province.
This produced an application to the King of Great Britain
from your petitioners, setting forth their claims under the
Government of New-Hampshire, and the disturbance and
interruption they had suffered from said post-claimants un-
der New- York. And on the 24^^ day of July 1767, an order
was passed at St. James' prohibiting the Governors of New
York for the time being from granting any part of the said
described premises on pain of incurring his Majesty's high-
est displeasure.! Nevertheless, the same Lieutenant Gov-
*See Prov. Pap. N. H., vol. VII, p. 62.— Ed.
fThe following is a copy of the order referred to :
At a court at St. James, the 24*^ day of July, 1767,
PRESENT
The King's most Excellent Majesty.
Archbishop of Canterbury Earl of Shelburne
Lord Chancellor Viscount Talmouth
Duke of Queensbury Viscount Harrington
Duke of Ancester Viscount Clarke
Lord Chamberlain Bishop of London
Earl of Litchfield Mr. Secretary Conway
Earl of Bristol Hans Stanley, Esq.
His Majesty taking the said report fa report of the Board of Trade] into consideration, was
pleased, with the advice of his private Council, to approve thereof, and doth hereby strictly
charge, require and command, that the Governor or commander in chief of his Majesty's
Province of New York, for the time being, do not, upon pain of his majesty's highest dis-
pleasure, presume to make any grant whatsoever, of any part of the lands described in the
said report, until his Majesty's further pleasure shall be known, concerning the same.
A true copy— William Sharpe
Attest Geo. Banyar, Dep. Se'cry.
244 NEW HAMPSHIRE GRANTS.
ernour Colden, the Governours Dunmore and Tryon have
each and every one of them in their respective turns of
administration, presumed to violate the said royal order, by
making several grants of the prohibited premises, and coun-
tenancing an actual invasion of your petitioners to drive
them off from their possessions.
These violent proceedings (with the solemn determination
of the Supreme Court of the State of New-York that the
Charters, Conveyances &c. of your petitioners' lands were
utterly null and void, on which they were founded) reduced
your petitioners to the disagreeable necessity of taking up
arms, as the only means left for the security of their posses-
[p. 53.] sions. The consequence of this step was the pass-
ing of twelve acts of outlawry by the Legislature of New-
York on the ninth day of March 1774, which were not
intended for the State in general, but only for part of the
Counties of Albany and Charlotte, viz. such parts thereof
as are covered by the New Hampshire charters.*
Your petitioners having had no representation in that
Assembly when the acts were passed, they first came to the
knowledge of them by the publick-papers in which they
were inserted. By these they were informed, that ' if three
or more of them assembled together to oppose ' what said
Assembly called legal authority that ' such as should be
found assembled to the number of three or more should be
adjudged felons ; and that in case they or any of them should
not surrender himself or themselves to ' certain ' officers ap-
pointed for the purpose of securing them after a warning
of seventy days, that then it should be lawful for the re-
spective judges of the Supreme Court of the Province of
New-York to award execution of Death, the same as though
he or they had been attainted before a proper Court of Judi-
catory.' These laws were evidently calculated to intimidate
your petitioners into a tame surrender of their rights, and
such a state of vassalage as would entail misery to their latest
posterity.
It appears to your petitioners that an infringement of
their rights is still meditated by the State of New York, as
we find that in their General Convention at Haerlem the
second day of August last, it was unanimously voted, ' That
all the quit-rents formerly due to the Crown of Great
Britain within this State are now due and owing to this
*See Blade's Ver. Pap., pp. 42-48. — Ed.
VERMONT ASSUMES GOVERNMENT. 245
Convention, or such future Government as may hereafter
[p. 54.] be established in this State.'
By a submission to the claims of New- York your petition-
ers would be subjected to the payment of two shillings and
six pence sterling on every hundred acres annually, which
compared with the quit-rents of Livingston's, Phillips's and
Ransaeler's manors, and many other enormous tracts in the
best situations in the State, would lay the most dispropor-
tionate share of the publick expense on your petitioners, in
all respects the least able to bear it.
The Convention of New York have now nearly complete
a Code of laws for the future government of that State,
which, should they be attempted to be put in execution will
subject your petitioners to the fatal necessity of opposing
them by every means in their power.
When the Declaration of the Hon^^^ the Continental Con-
gress of the 4^^^ of July last, reached your petitioners, they
communicated it throughout the whole of their District ; and
being properly apprised of the proposed meeting of delegates
from the several Counties and Towns in the District de-
scribed in the Preamble to this petition, did meet at West-
minster in said district, and after several adjournments for the
purpose of forming themselves into a distinct and separate
State, did make and publish a declaration, ' That they would
at all times thereafter consider themselves as a free and
independent State capable of regulating their own inter-
nal police in all and every respect whatsoever ; and that the
people in said described district have the sole exclusive
right of governing themselves in such manner and form as
[p. 55] they in their wisdom should chuse, not repugnant to
any resolves of the Hon^^'' the Continental Congress ; ' and
for the mutual support of each other in the maintenance of
the Freedom and Independence of the said District or sepa-
rate State, the said delegates did jointly and severally pledge
themselves to each other by all the ties that are held sacred
among men, and resolve and declare, that ' they were at all
times ready in conjunction with their brethren in the United
States to contribute their full proportion towards the main-
taining and supporting the present just war against the
Fleets and armies of Great Britain.'
To convey this declaration and resolution to your Hon^^^
Body, the Grand representative of the United States, were we,
your more immediate petitioners delegated by the united and
246 NEW HAMPSHIRE GRANTS.
unanimous voice of the representatives of the whole body of
settlers upon the described premises, in whose name and
behalf we humbly pray, that the said declaration may be
received and the district described therein be ranked by
your Honours among the Free and Independent States, and
delegates then admitted to seats in the Grand Continental
Congress ; — and your petitioners, as in duty bound, &c.
New Hampshire Grants, Westminster,
15^^ January 1777.
Signed by order and in behalf of the General
Convention
Jonas Fay '^
Thomas Chittendon [ -r^ ^
TT . A / JJelesfates.
Heman Allen f ^
Reuben Jones. J
Extract from the Minutes of the Committee of Safety for
State of New York.
[p. 57.] In Committee of Safety for the State of New
York, Fishkill, January 20*^ 1777-
Whereas, until the commencement of the present contest
with Great Britain, the inhabitants of Cumberland and
Gloucester counties in general submitted to the jurisdiction
of' this State ; many of them obtained grants and confirma-
tions of Title from the late government, and justice was ad-
ministered by magistrates of its appointment :
And whereas a Spirit of Defection and revolt has lately
been extended to those Counties through the arts and mis-
representations of certain people inhabiting the County of
Charlotte, distinguishing themselves by the name of the
Green mountain boys, and their emissaries :
And whereas the Congresses and Conventions of this
State have hitherto contemplated the effects of this danger-
ous Insurrection with silent concern, being restrained from
giving it a suitable opposition by the apprehension that it
might at so critical a juncture, weaken our exertions in the
common cause :
And whereas the said Insurgents and their Emissaries,
taking advantage of the patient forbearance of this State,
and flattered by the countenance and strength which they
have acquired by being embodied into a regiment under the
immediate authority of the Continental Congress, and with-
VERMONT ASSUMES GOVERNMENT. 24/
out the consent or co-operation of this state have lately
incited divers of the Inhabitants of Towns within the said
Counties of Cumberland and Gloucester to unite with them
in assuming a total independence of this State, chusing a
[p. 58.] separate Convention, and framing a petition to the
Honourable Congress for its sanction and approbation of
this unprovoked revolt : —
And whereas the loss of so valuable a territory as is now
attempted to be wrested from this State by the violence of
an inconsiderable part of its members, who have, during the
present war, received liberal allowances out of the publick
Treasury for their more immediate protection, will not only
oppress the remainder with the payment of the enormous
debts which have accrued in the common cause, but must,
at every future period, expose this State to be intruded into
and overrun, its jurisdiction to be denied, and its authority
contemned and set at Defiance :
And whereas, divers ill-disposed persons have, with
wicked and sinister purposes, reported that members of the
Honourable, the Continental Congress, and other men of
Influence and Authority in the neighbouring States do fa-
vour and support the Insurrection aforesaid :
And whereas the said ill-disposed persons have also insin-
uated that the Honourable the Congress do countenance a
design of dismembering this State by appointing Seth War-
ner who hath heretofore been and still continues a principal
agent and abettor of the riot and revolt aforesaid, to com-
mand the before mentioned regiment :
And whereas the appointment of the said Seth Warner is
utterly inconsistent with the usual mode adopted in Con-
gress and approved of in this and the neighbouring States,
[p. 59.] and contrary to the express representation in simi-
lar case made to the Hon'ble Congress on the 1 1 day of
July last by the Convention of this State :
And whereas such reports and insinuations not only tend
to justify the turbulent and disaffected inhabitants of the
said Counties, but divers of the good subjects of this State
are discouraged from risquing their Lives and Fortunes in
the defence of America, while there is reason for appre-
hending that after all their vigorous efforts and all they
have suffered and must continue to suffer for the common
cause, and even after a successful period to the present con-
flict shall have restored Happiness and Security to their
248 NEW HAMPSHIRE GRANTS.
sister States, this State alone may remain exposed to hav-
ock, devastation and anarchy, and be deprived of great and
valuable Territories to gratify the ambitious, unjust and
selfish projects of its disorderly subjects :
And whereas the inveterate foes to the Liberties of Amer-
ica, from the earliest commencement of the present glorious
contest have endeavoured to alienate the minds of the good
people of this State from the common cause by represent-
ing that nothing less than the power of Great Britain can
guard their territorial rights and protect their jurisdiction
against usurpation and Encroachment ; and it is a Truth to
be lamented that such representations have proved but too
successful, and have now acquired additional Force by rea-
son of the Premises :
And whereas it has become absolutely necessary not only
[p. 60.] for the preservation of the authority of this Conven-
tion and the confidence and respect of its Constituents ; but
for the success of the United States, so far as they depend
upon or are connected with this Branch of the grand Amer-
ican Confederacy, that proper and vigorous means should
be forthwith exerted for vindicating its rights and asserting
and securing its jurisdiction; and as a preliminary step to
quieting the aforesaid disturbances, removing the jealousies
and apprehensions of the good people of this State, and de-
priving the wicked emissaries of Great Britain of the prin-
cipal argument by which they hitherto have, and still con-
tinue to debauch their minds, and seduce them from their
allegiance to this State, and their attachment to the common
cause ; a suitable application to the Hon'ble the Congress
of the United States may be attended with the most saluta-
ry effects, and that, in the mean time coercive measures be
suspended :
Resolved therefore,
That a proper application be immediately made to the
Hon'ble the Congress, to whose justice the said insurgents
have appealed, and on whose advice they pretend to rely, re-
questing them to interpose their authority, and recommend
to the- said insurgents a peaceable submission to the juris-
diction of this State, and also to disband the said regiment
directed to be raised by Col^ Warner, as this Convention
hath chearfully and voluntarily undertaken to raise a Regi-
ment in addition to the quota designed for this State by
Congress ; have opened their utmost resources to the wants
VERMONT ASSUMES GOVERNMENT. 249
and necessities of the American army ; have a very great
[p. 61.] proportion of their militia now in the field, and are
heartily disposed to contribute to the publick service in every
respect as far as the circumstances and abilities of the State
will permit.
Extract from the minutes
Robert Benson, Sec'ry.
Letter of the Committee of Safety of New York, sigjied
Abraham Tenbroeck, to yohn Ha7icock, President of
Congress.
Fishkill, 20 January, 1777.
Sir —
I am directed by the Committee of Safety of New York
to inform Congress that by the arts and Influence of certain
designing men, a part of this State hath been prevailed on
to revolt and disavow the authority of its Legislature.
It is our misfortune to be wounded so sensibly, while we
are makins: our utmost exertions in the common cause.
The various evidences and informations we have received
would lead us to believe, that persons of great influence in
some of our sister-states have fostered and fomented
these divisions, in order to dismember this State at a time
when by the inroads of our common Enemy we were sup-
posed to be incapacitated from defending our just claims.
But as these informations tend to accuse some members of
your Hon'ble Body of being concerned in this scheme, de-
cency obliges us to suspend our belief.
The Congress will doubtless remember that so long ago
[p. 62.] as in the month of July last, we complained of the
great injury done us by appointing officers within this State
without our consent or approbation. We could not then,
nor can we now perceive the reason of such disadvanta-
geous discrimination between this State and its neighbours.
We have been taught to believe that each of the United
States is entitled to equal rights : In what manner the
rights of New York have been forfeited we are at a loss to
discover : and although we have never received an answer
to our last letter on this subject, yet we did hope that no
fresh ground of complaint would have been offered us.
The Convention are sorry to observe that by conferring a
Commission upon Col° Warner, with authority to name the
250 NEW HAMPSHIRE GRANTS.
officers of a regiment to be raised independent of the legis-
lature of this State, and within that part which hath lately
declared an Independence upon it, Congress hath given but
too much weight to the Insinuations of those who pretend
that your hon'ble Body are determined to support these
insurgents ; especially as this Col*^ Warner hath been con-
stantly and invariably opposed to the legislature of this
State, and hath been, on that very account, proclaimed an
outlaw, by the late government thereof. However, confid-
ing in the honour and justice of the great Council of Amer-
ica, we hope that you have been surprised into this measure.
By order of the House, Sir, I inclose you the Resolution
upon the important subject of this letter, and am further to
observe that it is absolutely necessary to recall the Com-
missions given to Col^ Warner and the officers under him,
[p. 63.] as nothing else will do justice to us and convince
those deluded people that Congress have not been prevailed
on to assist in dismembering a State, which, of all others,
has suffered most in the common cause.
The King of Great Britain hath, by force of arms, taken
from us five Counties, and an attempt is made in the midst
of our distresses, to purloin from us three other Counties.
We must consider the persons concerned in such designs
as open Enemies of this State, and, in consequence, of all
America.
To maintain our jurisdictions over our own subjects is be-
come indispensably necessary to the authority of the Conven-
tion ; nor will any thing less silence the plausible arguments
by which the disaffected delude our constituents and alienate
them from the common cause. On the success of our efforts
in this respect depends, too probably even the power of Con-
vention to be longer serviceable in this glorious contest. It
is become a common remark in the mouths of our most
zealous friends, that if the State is to be rent asunder, and
its jurisdiction subverted to gratify its deluded and disor-
derly subjects, it is a folly to hazard their Lives and fortunes
in a Contest, which, in every event, must terminate in their
ruin.
I have the honour to be
with great respect. Sir,
your most obed* and hh^^ Serv*.
By order, Abraham Tenbroeck, Presd*.
Hon'ble John Hancock, Esq.
VERMONT ASSUMES GOVERNMENT. 2$ I
Letter from Abraham Tenbroeck to yohn Hancock, Presi-
de7it of Congress, dated
[p. 65.] Kingston, Ulster County i March, 1777.
Sir —
The inclosed letters and resolutions were proposed some
time since, but for reasons with which you need not be
troubled were delayed. Some late proceedings of the disaf-
fected within this State, occasions their being now trans-
mitted.
I am directed to inform you that the Convention are en-
gaged in establishing a firm and permanent system of Gov-
ernment. When this important Business is accomplished,
they will dispatch a satisfactory state of their Boundaries, and
the principles on which they are founded for the Information
of Congress. In the mean time they depend upon the jus-
tice of your Hon'ble House, in adopting every wise and
salutary expedient to suppress the mischiefs which must
ensue both to this State and the General Confederacy, from
the unjust and pernicious project of such of the Inhabitants
of New- York, as merely from selfish and interested motives,
have fomented this dangerous Insurrection. The Congress
may be assured that the spirit of Defection, notwithstanding
all the arts and violence of the seducers, is by no means
general. The County of Gloucester, and a very great part
both of Cumberland and Charlotte Counties, continue stead-
fast in their allegiance to this Government. Brigadier-Gen-
eral Bailey's letter, a copy of which is inclosed,* will be a
sufficient proof of the temper of the people of Gloucester
County. Charlotte and Cumberland continue to be repre-
sented in Convention, and from very late Information, we
learn that out of 80 members which were expected to have
attended the mock-Convention of the deluded subjects of
[p. 66.'] this State, twenty only attended.
We are informed by good authority that Col^ Warner
was directed by the general to send forward his men as he
should enlist them, to Ticonderoga ; notwithstanding which
it appeared by a return from thence not long since, that only
24 privates had reached that post ; nor is there the least pros-
pect of his raising a number of men, which can be an ob-
ject of publick concern, though instead of confining himself
to the Green Mountains, as we understand was the intention
*Gen. Bailey's letter has not been found. — Ed.
252 NEW HAMPSHIRE GRANTS.
of the Hon'ble the Congress, he has had the advantage of
recruiting in Albany and other places.
I have the honour to be, with great respect, Sir,
Your most obedient and h'ble Serv*
By order, Ab^ Tenbroeck, Presid*.
Hon'ble John Hancock, Esq.
Order of Congress on the last three mentioned Papers.
[p. 6"]?^ In Congress, 7 April 1777.
A letter of the 20*^ of January, and one of the i^* of March
last from the Convention of the State of New York, with an
Extract from the minutes of the Committee of Safety of
said State, dated January 20*^ I777, were received and read.
Ordered, That they lie on the Table.
Extract from the Journals of Congress.
William Ch Houston, D. Sec'ry.
Order of Co7tgress on the Deelaraito?i and Petition of Inhab-
itants of N. H. Gra7its,
In Congress, 8^^ April 1777.
A Declaration and Petition [see ante, p. 242] from sundry
Inhabitants of the New Hampshire Grants, was received
and read.
Ordered, That it lie on the Table.
Extract from the Journals of Congress.
William Ch Houston, D. Sec'ry.
[Note. At this juncture of the controversy, the surrender of Ti-
conderoga and the invasion of Burgoyne's army rendered it necessary
for the new government of Vermont to ask help from New Hamp-
shire.— Ed.]
AID TO VERMONT. 253
SECTION VI.
Vermont asks Aid from New Hampshire.
Letter from Ira Allen to the Committee of Safety m New
Hampshire tirging immediate assistance,
[State Pap. N. H., vol. VIII, p. 632.]
Manchester, 15^^ July, 1777.
In Council of Safety, State of Vermont.
Gentlemen —
This State in particular seems to be at present the object
of Destruction. By the surrender of the Fortress Ticondero-
ga a communication is opened to the defenceless inhabitants
on the Frontier, who, having little more in present store than
sufficient for the maintenance of their respective Families,
and not ability immediately to remove their effects, are there-
fore induced to accept such Protections as are offered them
by the Enemy : By this means those Towns who are most
contiguous to them are under necessity of taking such Pro-
tection by which the next Town or Towns become equally
a frontier as the former Towns before such Protection ; —
and unless we can obtain the assistance of our friends so as
to put it immediately in our power to make a sufficient stand
against such strength as they may send, it appears that it
will soon be out of the power of this State to maintain a
frontier. This country, notwithstanding its infancy, seems
as well supplied [with] provisions for victualling an army
as any country on the Continent ; so that on that account,
we cannot see why a stand may not as well be made in this
State, as in the State of New Hampshire ; and more espe-
cially as the inhabitants are heartily disposed to defend their
Liberties. You, Gentlemen, will be at once sensible, that
every such Town as accept protection, are rendered at that
instant forever incapable of affording us any further assist-
ance ; and what is infinitely worse, as some disaffected per-
sons eternally lurk in almost every Town, such become
254 NEW HAMPSHIRE GRANTS.
double fortified to injure their country; our good disposi-
tions to defend ourselves and make a frontier for your State
with our own, cannot be carried into execution without your
assistance : Should you send immediate assistance we can
help you, and should you neglect till we are put to the ne-
cessity of taking protection, you readily know it is in a mo-
ment out of our power to assist you : your laying these cir-
cumstances together, will I hope induce your Honours to
take the same into consideration and immediately send us
your determination in the Premises.
I have the satisfaction to be your Honours
most obed* and very Hum^^ serv*
Ira Allen, Sec^.
The Hon^^^ Council of Safety
State of New Hampshire.
P. S. By Express this moment arrived, we learn that be-
tween 3 & 6 Thousand of the Enemy are fortifying at the
Town of Castleton — our case calls loud for immediate as-
sistance.
(On Public service.) I. Allen.
Letter ff'oni L'a Alle7i, relating to hastening 07t Troops to
Vermont, &e.
[State Pap. N. H., vol. VHI, pp. 633, 634.]
Manchester, 15*^ July, 1777.
In Council of Safety, State of Vermont.
To all Militia Officers whom it may concern :
This is the second and perhaps the last Express we may
be able to send you from this post. Your immediate Assist-
ance is absolutely necessary : a few hundred militia troops
to be joined to our present strength would greatly add to our
present encouragement ; as, by very late information we
learn that a large scout of the enemy are disposed to take a
Tour to this Post, the inhabitants with their families cannot
be quieted without an assurance of the arrival of troops di-
rectly for their assistance : You will please to let us know
your determination without delay.
The Continental Store at Bennington seems to be their
present aim. You will be supplied with provision here on
AID TO VERMONT. 255
your arrival. Pray send all the troops you can possibly
raise. We can repulse them if we have assistance.
I have the honor to be
your most obed* Hum^^ Serv*
By order of Council, Ira Allen, Sec^.
Letter from Meshech Weare^ in aiiswer to Ira Allen asking
assistance as above.
[Slade's Ver. State Pap., p. 80.]
Exeter, July 19, 1777.
Sir —
I was favoured with yours of the 15*^ inst. yesterday by
express, and laid the same before our General Court who are
sitting.
We had, previous thereto, determined to send assistance
to your State.* They have now determined that a quarter
part of the Militia of twelve regiments shall be immediately
draughted, formed into three battahons, under the command
of Brig. Gen. John Stark, and forthwith sent into your State,
to oppose the ravages and coming forward of the enemy ;
and orders are now issuing, and will all go out in a few hours
to the several Colonies for that purpose. Dependence is
made that they will be supplied with provisions in your
State ; and I am to desire your Convention will send some
proper person or persons to Number Four, by Thursday next,
to meet Gen. Stark there, and advise with him relative to
the route and disposition of our Troops, and to give him such
information as you may then have, relative to the manoeu-
vres of the enemy.
In behalf of the Council and Assembly,
I am. Sir, your most obedient humble servant,
Meshech Weare, President.
Ira Allen, Esq. Secretary of the
State of Vermont.
[Note. The fortunate result of the assistance rendered in this emer-
gency, by the victory of Stark at Bennington on the i6th of August en-
suing, is matter of history. Subsequently, the rigorous views of the
government of New York seem to have been much softened, as appears
by the proclamation of Gov. Clinton, which follows. — Ed.
* By mistake, the order to Gen. Stark, dated July 19, 1777, was printed^ in N. H. State
Pap., vol. viii, p. 310, "July 19, 1776." — Ed.
256 NEW HAMPSHIRE GRANTS.
Proclamation of Govejiior George Clintoji of New Yorky
February 23, 1778.
[See Slade's Ver. State Pap., pp. 82-84.]
By his Excellency George Clinton, Esq. Governor of the State of
New York, General of all the Militia, and Admiral of the Navy of the
same.
A PROCLAMATION.
L. S.
Whereas the Senate and Assembly of this State, did by
their several resolutions, passed the twenty-first day of this
instant month of February, declare and resolve, That the disaftection of
many persons, inhabiting the north eastern parts of the County oi Al-
batiy, and certain parjs of the Counties of Charlotte, Cumberland and
Gloucester, clearly included within the ancient, original, true and lately
established bounds of this State, arose from a contest about the prop-
erty of the soil of many tracts of land, within those parts of the said
counties respectively :
That the said contest was occasioned, partly by the issuing of divers
interfering patents or grants, by the respective Governments of New
York on the one part, and those of Massachusetts Bay and New Hainp-
shire on the other, antecedent to the late establishment of the eastern
boundary of this State ; partly by an higher quit-rent reserved on the
said lands when re-granted under New-York, than were reserved in the
original grants under New Hampshire or Massachusetts Bay, and the
exorbitant fees of office accruing thereon ; and partly by a number of
grants made by the late Government of New York, after the establish-
ment of the said Eastern boundary, for lands which had been before
granted by the Governments of New Hampshire and Massachusetts
Bay, respectively, or one of them ; in which last mentioned grants by
the late government of New York, the interest of the servants of the
Crown, and of new adventurers, was, in many instances, contrary to jus-
tice and policy, preferred to the equitable claims for confirmation, of
those who had patented the lands under New Hampshire or Massachu-
setts Bay :
That the aforesaid disaffection has been greatly increased, by an Act
passed by the Legislature of the late Colony of New-York, on the ninth
day of March, in the year of our Lord one thousand seven hundred and
seventy-four, entitled, "An act for preventing tumultuous and riotous
assemblies in the places therein mentioned, and for the more speedy
and effectual punishing the rioters : " * That many of the aforesaid dis-
affected persons, though unjustifiable in their opposition to the authority
of this State, labour under grievances, arising from the causes above
mentioned, which, in some measure, extenuate their offence, and which
ought to be redressed : —
That, therefore, the Legislature of this State, while on the one hand,
they will vigorously maintain their rightful supremacy over the persons
and property of those disaffected subjects, will, on the other hand, make
overtures to induce the voluntary submission of the delinquents : —
That an absolute and unconditional discharge and remission of all
*See Slade's Ver. Pap., pp. 42-48. — Ed.
AID TO VERMONT. 25/
prosecutions, penalties and forfeitures, under the above-mentioned Act,
shall be an established preliminary to such overtures ; which overtures
are as follows, viz. —
ist. That all persons actually possessing and improving lands, by title
under grants from New Hampshire or Massachusetts Bay, and not
granted under N'cw-York, shall be confirmed in their respective pos-
sessions.
2d. That all persons actually possessing and improving lands, not
granted by either of the three Governments, shall be confirmed in their
respective' possessions, together with such additional quantity of vacant
land, lying contiguous to each respective possession, as may be neces-
sary to form the same into a convenient farm ; so as the quantity to be
confirmed to each respective person, including his possession, shall not
exceed three hundred acres.
3d. That where lands have heretofore been granted by New Hainp-
shire and Massachusetts-V>2.y , or either of them, and actually possessed
in consequence thereof, and being so possessed, were, afterwards,
granted by N'ew-York, such possessions shall be confirmed; the poste-
rior grant under New-York, notwithstanding.
Provided always. That nothing in the above regulations contained,
shall be construed to determine any question of title or possession, that
may arise between different persons claiming under New Hampshire or
Massachusetts-Bay, or between persons claiming under New Hampshire
on the one, and under Massachusetts-Bay on the other part independent
of any right or claim under New- York.
4th. That, with respect to all such cases, concerning the aforsaid con-
troverted lands, as cannot be decided by the rules exhibited in the
aforegoing articles, or some of them, the Legislature of the State of
Nezu-York, will provide for the determination of the same, according to
the rules of justice and equity, arising out of such cases respectively,
without adhering to the strict rules of law.
5th. That in all cases, where grants or confirmations shall become
necessary, on acceptance of the above overtures, such grants or confir-
mations shall issue to the grantees, at, and after, the rate of five pounds
for a grant or confirmation of three hundred acres or under ; and for
every additional hundred acres, the additional sum of sixteen shillings j
except in cases, where lands shall be granted or confirmed to divers
persons in one entire tract ; in which case, the grants shall issue, respec-
tively, for fifteen pounds each ; which allowances shall be in lieu of all
other fees or perquisites whatsoever.
6th. That whenever, agreeable to the above regulations, new grants
or confirmations shall become necessary under this State for lands hith-
erto granted by New Ha^npshire or Massachusetts-Bay, the same quit-
rent only shall be reserved, which was reserved in the original grants
under New Hampshire or Massachusetts-Bay.
7th. That where lands, heretofore granted by New Hampshire or
Massachusetts Bay, have been, since, confirmed to such grantees by
new grants under New York, the quit-rents on such lands, shall be re-
duced to what they were in the original grants under New-Hampshire
or Massachusetts-Bay.
8th. That in order to encourage the settlement of the aforesaid dis-
puted lauds, in a peaceable subjection to the authority and jurisdiction
of this State, and also of all other lands held within and under this
State, the following commutation for quit-rents shall be allowed, viz : —
17
258 NEW HAMPSHIRE GRANTS.
That on payment, at the rate of two shillings and six pence, lawful money,
of this State, into the treasury of this State, for every penny sterling of
quit-rent reserved ; or, on delivering into the same, of seventeen times
the quantity of grain or other commodity reserved for such quit-rent,
the same shall thence forward be utterly discharged, and forever cease
and be extinguished.
That these overtures should be offered with a view, not only to induce
the aforesaid discontented inhabitants of the Counties of Albany, Char-
lotte, Oitnberland and Gloucester, to return to a lawful and rightful obe-
dience to the authority and jurisdiction of this State, but also in favor
of all others whom the same may concern ; and to be of no avail to any
person or persons whatsoever, who shall, after the first day oi May next,
yield or acknowledge, any allegiance or subjection to the pretended
state of Vennont, the pretended government thereof, or to any power
or authority pretended to be held or exercised thereunder.
That the foregoing overtures, on the condition above expressed, be
tendered for acceptance to all persons, to whose care the same, or any
or either of them, do or shall apply, upon the public faith and assurance
of the legislature and government of the State oi New York, pledged to
such person and persons for the purpose.
That the several branches of the Legislature of the State of New
York, will concur in the necessary measures for protecting the loyal in-
habitants of this State, residing in the counties of Albany, Charlotte,
Cnmbe7'land and Gloucester, in their persons and estates, and for com-
pelling all persons, residing within this State and refusing obedience to
the government and legislature thereof, to yield that obedience and alle-
giance, which by law and right, they owe to this State.
And whereas. The said Senate and Assembly of this State of New-
York, have also, by their resolution, requested me to issue my Procla-
mation, under the privy seal of this State, reciting their aforesaid decla-
rations and resolutions, and strictly charging and commanding all
manner of persons in the name of the people of the State oi New-York,
to take due notice thereof, at their peril, and govern themselves accord-
inly :
I DO THEREFORE hereby, in the name of the people of the State
of New York, publish and proclaim the aforesaid declarations and reso-
lutions ; and I do hereby, strictly charge and command all manner of
persons within this State, at their peril, to take due notice of this Proc-
lamation, and of every article, clause, matter and thing therein recited
and contained, and to govern themselves accordingly.
Given under my hand, and the privy seal of the State of New York,
at Poughkeepsie, in the County of Dutchess, the twenty-third day
of February, in the year of our Lord, one thousand seven hundred
and seventy-eight.
GEO. CLINTON.
God save the People.
[Note. The foregoing proclamation was not accepted by the people
of Vermont. An able answer was made to it by Ethan Allen, in
August, 1778. (See Slade's Ver. State Pap., pp. 85-88.)— Ed.]
OBSERVATIONS, ETC. — AN ADDRESS. 259
Note.
About this time a pamphlet appeared, signed " Republican," which
advocated and recommended the formation of a new state, to be com-
posed of towns on both sides of the Connecticut river, whose centre or
capital should be Dresden. The following is an exact copy of said
pamphlet (which is very rare), found in the library of the Massachusetts
Historical Society, Boston :
[Title-page.]
Observations on the right of jurisdiction claimed by
THE States of New York and New Hampshire, over
THE New Hampshire Grants (so called) lying on
BOTH SIDES OF Co7inecticut-River. In a letter to the
inhabitants on said Grants.
Dan\'Ers : Printed by E. Russell, at his printing— [cut off in trim-
ming]. MDCCLXXVIII.
Friends and Fellow Citizens.
My acquaintance with Your Political State and circumstances, and of
the difficulties attending You, induces me to present You with the fol-
lowing Remarks and Observations, which, according to my apprehen-
sion, may serve in some measure to point out the way for a removal of
them : And as my only design is to promote the Public Good, if it
should have that effect, it will much more than compensate Your real
Friend for his little pains. — You will observe, I have proposed to con-
sider the Right of Jurisdiction claimed over You by the States ol New
York and New-Hai)ipshire. — In prosecuting which I shall begin with
the Origin of that Jurisdiction, and pursue it down to the present time.
Shall therefore begin by taking notice " that King James the First,
by his Patent, dated November 3'^, 1620, incorporated the Duke of
Lenox, the Marquisses of Buckingham and Hay/iilton, The Earls of Ar-
undel and Wa7"wick, Sir Ferna?ido Gorges, and thirty-four others, by
the name of the Great Council, established at Plyinouth, in the County
oi Devon, for the planting, ruling, ordering, and governing oi A^etu- Eng-
land, in America."'' And grants to them and their successors and
'* assigns all that part oi Ainerica lying and being in breadth from the
40° of northerly latitude from the equinoctial line to the 48° of the said
northerly latitude inclusively, and in length of and within all the breadth
aforesaid throughout the main lands from sea to sea, together also with
all the firm lands, soil, grounds, havens, &c. Provided always,
that the said islands or any the premises by the said letters patent in-
tended and meant to be granted be not actually possessed or inhabited
by any other Christian Prince or State.''
This Great Council established at Plymouth as aforesaid soon granted
260 NEW HAMPSHIRE GRANTS.
all the lands contained in their said Grant (as they supposed) to the
soytrA Ncw-Englaiui Colonies, and resigned their Grant into the King's
hands ; and among the several grants they made, they granted to the an-
cestors oi Robert Mason, Esq ; his heirs, &c. a tract of land about twen-
ty-four miles on the sea shore, extending back into the Country about
sixty miles, commonly called New-HainpsJw-e -, which lands on the east-
erly part of them next to the sea soon began to settle, but were much
prevented by the Indian wars, and the settlers were under no regular
form of Government, except that the Massachusetts-Bay in some meas-
ure exercised Jurisdiction over them. In this situation they continued
until after the restoration of Charles the Second, and in the sixth year
of his reign a commission was granted to John Cutis, Esq ; President
of the Council established for the ruling and governing of said Neiv-
Havipshire, bounding it as follows, viz. "Lying and extending from
three miles northward of Merrijnack-'RixtY, or any part thereof, unto
the province of Maine (No. " E.") " — Afterwards, in said commission
there is this further clause, viz. "And it appearing unto Us that the an-
cestors of Robert Mason, Esq ; obtained Grants from our Great Council
of Plyino2ith for the tract of land aforesaid, and were at great expence
upon the same," &:c. Whereby it appears that said province of New-
Hampshire as it was then bounded, and the grant to the said Mason
was one and the same tract of land ; under which form of Government
said province of N'eiv-Hajnpshire continued until a commission was
granted to Benning IVentworth, Esq ; enlarging the extent of said prov-
ince by including all the lands in said Grants on both sides of Coimecti-
c?it-RiveY, with power of granting them in the name of the King ; and
also right of Jurisdiction over the whole ; which Governor IVentworth
o-ranted great part of those lands included in said Grant previous to the
sixth year of the reign of George the third, when his said commission
was revoked, and a commission granted to John IVentworth, Esq ; to
preside Governor over the same extent of Territory; who continued in
his seat of government until the commencement of the present war, and
then left it vacant. — These commissions are all the Grants that were
ever made or given to said province oi New-Hampshire relative to their
Civil Government ; and were held subject to alteration or revocation at
the pleasure of the Crown : And the said John IVentworth while he
presided Governor as aforesaid granted the remainder of the lands on
said Grants ; and in consequence thereof the Grantees have entered up-
on them and cultivated and improved them, extending from said former
province oi New-Hampshire, or said Masoti's westerly line westward to
Lake-Champlain or thereabouts ; southerly to the north line of the Mas-
sachusetts-Bay ; northerly to the Canada line, and easterly to the prov-
ince of Main.
These Grants remained under the Government of New-Hajnpshtre
until about the year 1764; when a determination of the Lords of the
Board of Trade and Plantations was obtained by the Province of New-
York, that the Jurisdiction of the Grants west of Co7mecticut-River
should be under New-York ; at the same time confirming and approving
those Grants by Governor IVentworth as aforesaid.
In this situation the Government on those Grants continued untilthe
commencement of the present war ; since which the several Conventions
and Assemblies of the State oi New York claim Jurisdiction over those
Grants west of Co7mecticut-River, and the Conventions and Assemblies
of the State of New-Hajnpshire claim Jurisdiction over the Grants east
OBSERVATIONS, ETC. — AN ADDRESS. 26l
of said River, nothwithstanding the refusals to submit and repeated
remonstrances against said claim. In order therefore to examine the
justice of them, it will be necessary to consider them distinctly and
apart.
And First, — All the right that ever New York had, either to the Soil
or Jurisdiction of those Grants west of Coiinectiait-River , came by vir-
tue of the Royal Grant to the Duke of York ; this is the only basis of
the extent of said Province or State ol New-York, except the decree of
the Board aforesaid. It will be necessary therefore in this inquiry to
recite part of said Royal Charter, so far as it relates to the bounds and
limits thereof, together with date, &;c. But before we proceed shall
take notice that at the time of the Grant made by King James to the
Council established at Plyinoiith as aforesaid, the Dutch and Sweeds
were in possession oi New-York, Albaiiy, and part of the Jersies ', and
about that time or a little after and before 1653 there was a settlement
of some French at a place called St. Croix near to New-Scotland (alias)
Nova-Scotia (and a few families of Dutch settled at Hartford on Con-
necticut-River, which settlement at Hartford was evacuated long before
the Grant to the Duke of York, and all pretensions to any claim on Con-
necticut-River given up.) I now proceed to observe that 1664 (there
being a war between the English and Dutch^ King Charles meditated
sending a force to cause the Dutch to surrender the lands by them pos-
sessed on Hudson'' s River, and on the 12th of March, 1664, by his let-
ters patent "Gave and granted to his Royal Brother James, Duke of
York all that part of the main-land in New-England, beginning at a cer-
tain place called and known by the name of St. Croix next adjoining to
New-Scotland in America, and from thence extending along the sea
coast unto a place called Peroniquie or Pieniquid and so up the River
thereof to the furthermost head of the same as it tendeth northward,
and extending from thence to the River Kenebeque and upward by the
shortest course to the River Canada northward ; and also all that island
or islands commonly called by the several name or names Mattawacki
or Long Island, situate, lying, and being toward the west of Cape-Cod
and the N'arragansett, abutting up the main land between the two
Rivers there called and known by the names of Conjiecticut and Hud-
son'^s-River, and all the land from the west side of Connecticut-River,
to the east side oi Delaware-Bay. And also all those several islands
called or known by the names of Martin'' s- Vineyard and N'antucks,
otherwise called Nantucket , together with all the lands, soils, islands,
&c. and all the estate, right, title, interest, benefit, advantage, claim
and demand of, in, or to the said lands and premises, or any part or
parsels thereof." 'And at the same time gave a commission to Colo-
nel Richard Nichols to dispossess the Dutch and take possession thereof
in behalf of his Brother the Duke of York, which was accordingly exe-
cuted in the month of August 1664, and Colonel Nichols remained in the
Duke's Government three years, and in June 1670 the Dutch Government
was again revived and continued until 1674 on a treaty of peace signed at
Westminster in February. The English Government was restored, and
on the 29*'^ of June 1674 his Royal Highness the Duke of York obtained
from the King a new Patent of the same lands and territories in the
same words with the former differing only in the date.'
Having thus far recited the bounds and limits of the Grant to the
Duke of York which is all that can be claimed in favor of the present
State of New-York, as to the extent of their Jurisdiction as being
262 NEW HAMPSHIRE GRANTS.
patentees or Assignees to the Duke, I shall now proceed to consider in a
legal and rational point of light, and show that by a fair construction it
cannot be supposed to include those Grants or any part of them west of
Coiuiecticut-River . — Therefore, in the first place take notice that two
thirds or more of the lands and territories literally contained in the
Duke's Grant were so obviously absurd (as to its holding them) that all
pretensions of claim to them have been laid aside from the beginning;
and scarcely any part thereof is holden according to the literal and
express words of the Grant. — This therefore makes it necessary to in-
quire upon what principle or construction they do or can hold? — I an-
swer by the reserve made in the Grant of King James to the Council
established ?X Plyjiioiith as before recited, viz. "All lands, &c. 271 the
possession of sofne ot/ier Christian Prince or State ; " and had it not
been for this proviso or reserve the Duke would have taken nothing by
his Grant ; For all except this was granted to the Council of Plynwiith,
and by them regranted, &c. — Therefore the fair construction of the
grant must be that it includes all the lands within the limits of New-
England that were in the possession of some Christian Prince or State
other tha)i the King of England at the time of granting to the Council
oi PlymoiUh as aforesaid, and no more. — Consonant to this construction
has been the practice and proceeding of all parties concerned from the
beginning : To this we may observe that the subduing the Dutch in
order to obtain possession for the Duke was as early and even coeval
with the Grant itself. — And when the Dutch had revolted from under
the English government and were a second time brought under subjec-
tion the Duke applied for a second Grant of the same land which plainly
shews he was apprehensive that his first Grant was lost by the revolt of
the Dutch ; and also that the lands they were in possession of, and
which they claimed, were the lands and territories contained in his
Grant ; agreeable to this have been all the settlement of the limits and
boundaries of this Grant by the Duke, his Patentees, or Assignees with
the other Colonies adjoining to them from first to last. — Also the bounds
and extensions of this Grant clearly show that this was the intent of it.
— For observe, the Grant expressly extends to every part of N'ew-Eng-
la7id whero. there had been any settlement of any foreign nation, though
ever so remote from the main object, viz. New York ; which cannot be
rationally accounted for but upon this principle, viz. to include all the
lands that were reserved as aforesaid. Much more might be said to
establish this construction of the Grant, but I think what has been as-
signed is sufficient, at least for my present purpose : And therefore shall
only observe, that if this construction be true, and there was no settle-
ment or claim of the Dutch or any other Christian Prince or State other
than tlie English on or near Connecticut-River at the time of granting
to the Council of Plymouth or the Duke of York there can be no pre-
tensions of extending said Grant to Connecticut-River or any part
thereof.
I SHALL observe once more, that even by the literal expressions in
said Grant or Patent it cannot be supposed to include those lands ; for
the only clause in said Grant that can be pretended to include the lands
on which said Grants are is this, viz. "And all the land from the west
side of Connecticut-River to the east side of Delaware-Bay.''^ — Now all
the lands that may be fairly said to lie between those two extremes may
be said to be included by that clause, and those lands which cannot be
said to lie between those boundaries cannot be said to be included,
OBSERVATIONS, ETC. — AN ADDRESS. 263
although they may be said to lie west of Connectic7it-River : For observe
by the expression they must lie east of Delaware-Bay as well as west of
Connecticut-River. — Therefore for trial's sake let us suppose a line
drawn from the mouth of Connecticut-River to the east side of Delaicare-
Bay even to the northern extent of it. — This I believe without dispute
would leave all, or nearly all the lands on the main west of Connecticut-
River to the north ; this construction therefore won't answer : Then let
us suppose a line drawn from the head of said River to the east side of
Delaware-Bay, and then the lands on those Grants will still lie west-
ward, and not be included : There is therefore but one way that I can
possibly think of that will comport with the phrase and include the lands
in question ; and that is to extend Delaware-Bay in the same degree of
longitude that it is now in as far north as the head of Connecticut-River,
and then all the lands west of Connecticut-River and east of Delaware-
Bay would be included by that clause so as to take in the lands on the
said Grants ; such a construction every unbiassed mind will reject. — I
shall therefore dismiss this point relative to the right of Jurisdiction
merely by the extent of said Grant, and proceed to the consideration of
it in a different view : For whether the lands on those Grants are in-
cluded in the Grant to the Duke of York or not, the fee of them has
been granted by the Crown to the present Grantees and since confirmed
to them ; so that Jurisdiction is the only matter in dispute. The light in
which I shall now consider this right is relative to the decree of the Lords
of Trade and Plantation before-mentioned, which, I suppose, is the
greatest right that can be urged in favor of the claim. And in this point
of light I consider all the grants upon equal footing : For as to any con-
nexions by grant or charter either with the State of New-York or New-
Hampshire, I have observed there is none, except royal commissions to
Governors in the one gase, and a decree of the Lords in the other, that
can be challenged as giving them a right to exercise Jurisdiction in this
case. Let us therefore consider what the nature and design of these
commissions to exercise Jurisdiction over particular territories and ex-
tent of lands are.
i^'. They are altogether exparte without the privity, knowledge, or
consent of the People governed ; for they never know by whom or in
what manner they are to be governed until the commission be published.
2*1. They are held only at the pleasure of the Crown ; and that too
by being liable to alteration at any time as the Crown shall see fit.
3*^. It is an express command to the subjects to submit and obey;
this is all the People can claim any right to : In short it amounts to
this ; do you A. B. or C. exercise government or rule over my subjects
in such a place during my pleasure according to such and such rules,
and such others as I shall give you from time to time ; and do you
my people as subjects obey according. — I ask in this case what act
or choice the people have in this jurisdiction any more than a com-
pany of slaves have in a plantation under the government of one driver
to-day and a new one to-morrow? Those who think this is pointed too
high are desired to read either of those Governor's commissions at their
leisure. Therefore what absurdity is it to urge that since this oppres-
sive arm of power is broken, and the oppressed set at liberty to govern
themselves, that therefore one part has right of Jurisdiction over the
other part merely because they were once under the same master by
mear compulsion ; that this is the case relative to the People on these
Grants is clear and indisputable, for this Jurisdiction has been changed
264
NEW HAMPSHIRE GRANTS.
twice if not three times in the course of twelve or fourteen years without
the least of their privity or consent. Such Jurisdictions as these there-
fore never bind a people together any longer than the force that first
compelled continues over them, and when that ceases they in point of
social compact revert to a state of nature. No part in this case can
claim right of Jurisdiction over the other without claiming power from
the same fountain. One thing more enters into the consideration of
this right which I shall take notice of in this place ; and that is the local
situation of the people in a particular state or Jurisdiction ; when they
are so situated that they cannot attend upon the matter of Government
that concern them with any tolerable convenience, it becomes necessary
for an alteration of the extent of such Jurisdiction. Otherwise the de-
sign of Government would be entirely frustrated. I know in govern-
ments when the people had little or nothing else to do but to obey
Royal Mandates, &c. the more remote they were from the seat of gov-
ernment the better; but in Republican States it is otherwise, there
every one has more or less to do, and therefore ought to be so situated
that he can act his part, otherwise he has no share in the Government.
When any part of a State is so situated that the Inhabitants cannot at-
tend upon the matter of Government within the State with any tolerable
degree of convenience, this ill effect will always follow, viz. That they
will grow remiss and negligent, and thereby expose themselves to be
overreached and oppressed by the other part.
From what has been said therefore relative to the right claimed by
New- York and New Hampshire over the said Grants on account of these
Royal Commissions or Impositions, it is clear and plain that it is alto-
gether founded in force and compulsive power, and not in compact and
agreement, which power upon the Declaration of Independence of the
United States became null and void, and therefore, there being no com-
pact or agreement of the People whereby they became united with
either of those States, they in that case reverted to a State of nature as
to Government, and stand entirely unconnected with them. This being
the case necessity, the Providence of God, your own interest and pru-
dence call upon you to put yourselves into a state of Government either
by connecting with some State already formed, or by erecting your-
selves into a new and distinct State. If you have already pursued all
reasonable measures for a Union with some other State to no effect, or
your local and other circumstances are such as render it extremely diffi-
cult if not impracticable to be united with any State already formed,
your indispensible duty is to form yourselves into a distinct State, and
that without delay. The common cause in which we are all embarked,
your interest, and especially that of the orphan and widow, and your
morals suffer by the delay. — But doubtless there will be objections aris-
ing in the minds of some against proceeding at this time : I will
therefore endeavor to mention the most material and answer them.
And
jst^ It will be objected that you are not of sufficient ability to support
and maintain Government. — To this I would only say, you are much
more able in any respect than any of the United States were when they
first began their respective Governments.
Objection 2^. We have not yet fully established our Independence ;
let us finish that matter first, and then see about erecting new States,
&c. — To this I would answer. The only way to vanquish our inveterate
Enemy and support our Independence is first to regulate and settle
OBSERVATIONS, ETC. AN ADDRESS. ^ 265
matters at home ; for while things remain in confusion among ourselves,
we may expect they will be so throughout : Hence ariseth the difficulty
of raising our army, equiping, cloathing them, »S:c. — And further as the
United States are all settled and settling their plans of Government,
for you to be still or in part to act with them until all things are settled,
and then break off and set up a new State would be imposing upon and
dealing deceitfully with them : Besides you will thereby give up your
natural right of forming into a State of Government, and lie at the will
of those with whom you have acted whether you shall have the liberty
or not. — Therefore now is the time either to go forward and act on the
affair or give up all pretensions of ever doing anything about it hereaf-
ter. In addition to this you may be assured that whoever lives to see
matters abroad fully settled respecting the present dispute will also see
greater altercations and sharper contests about our internal police and
domestic affairs, if they remain unsettled until that time, than we have
yet seen, or men and things will be much altered from whatever they
have been.
But I pass to another Objection, viz. That there is no supreme power
yet erected by the United States to make and grant Jurisdiction to any
new State, and therefore it cannot now be done. — I answer it is true
there is no such power yet erected, and I pray God there never may be ;
for should there be such a power established, these Republican States
would thereby become a Monarchy. — It will be asked then, why was it
that all States or Bodies Politic heretofore obtained Jurisdiction from
the Crown before they pretended to exercise Government? And if nec-
essary then why not now from some supreme power? The reason is this,
the King of Great-Britain was Lord of the fee, and Chief Magistrate of
all executive pow'er throughout his Dominions ; therefore all Government
was exercised in his name and by his authority. This will therefore
lead us to inquire from whence this power of Jurisdiction must now
arise ? I answer from the People who are to be the subjects of this Gov-
ernment, the true and Original Source of all Government, there is noth-
ing more or less that can give one man right to rule and exercise Gov-
ernment over another but his agreement and consent thereto ; therefore
all that is necessary to give any body of men power or right to exercise
Government in and over themselves, is their mutual compact and agree-
ment for that purpose. — When this is done they have all the power they
can or ever will have from any true source or fountain ; nay they are
not under the necessity of asking liberty of any other power thus to
confederate together, &c. — Neither is there any power on this Continent
(except Lord or General Howe) that will pretend either to give leave or
forbid in this case ; therefore the objection is of no force. — It will be
asked then whether upon a new State being formed on this Continent
or (we will say) on these Grants, they have anything to do with the
United States in order to be a complete State for Civil Government? I
answer as to their internal police or Civil Government simply considered
they have not ; but in a relative sense they have ; and in this way, when
they once become a distinct State or Body Politic then they are a proper
member or body to be treated with and received into Union and Con-
federation with this great and Aggregate Body, and not before : In this
way only can they become one of the United States, viz. by the United
States agreeing to receive, and the particular State agreeing to unite
with and submit to the terms and conditions of this Aggregate Body.
Thereby they become a proper subject of its controul and Government.
266 NEW HAMPSHIRE GRANTS.
— Thus you may plainly see that all Government from the highest to the
lowest is founded in compact. But methinks these observations will
produce the curiosity to know in what point of light this particular State
would be considered, when formed and presented to the United States
for acceptance, should it then be rejected? I answer the United States
would treat them as a neighbor according to their behavior : For al-
though they should not receive them they cannot in justice annihilate
them, because they having never been connected with them, are not
under their power or controul. Therefore if they behave as an honest
Neighbor they will treat them accordingly, but if their conduct should
be inimical to the United States they will be treated as enemies. This
doubtless would be the case.
Thus, Gentlemen in a brief manner I have endeavored to point out
your political situation and circumstances, and your duty relative there-
to. I shall therefore close wdth a word of advice ; and that is, if you
should think it expedient upon what has been observed to proceed in
forming a distinct State, by all means be unanimous and consider your-
selves on these Grants as being all on the same foundation. Act to-
gether as one collective body so situated by the Providence of God, as
clearly point out the necessity and convenience of your being united in
a distinct State. — Therefore divisions among yourselves either by riv-
ers, mountains or the like may prove fatal ; especially in respect to your
acceptance and approbation by the United States, &c. Much will de-
pend on your joint and unanimous proceedings ; I therefore submit the
whole to your candid perusal :
And am, Gentlemen,
Your most obedient and humble servant,
REPUBLICAN.
January 6, 1778.
POSTSCRIPT.
Containing Observations wrote since the Publication of the Articles
of Confederation of the United States of America.
Since my finishing the foregoing I have had opportunity to peruse
the proposed Articles of Confederation of the United States, and think
it necessary to make some Observations on the second and ninth arti-
cles, which I conceive are of importance to consider, especially as to
the proper time for your Uniting and forming into a distinct State, &c.
— You will take notice that by the second article " Each State is to
retain its sovereignty, freedom, and independence, and every power,
jurisdiction, and right which is not by the Confederation expressly del-
egated to the United States in Congress assembled."
You will observe also that in the ninth article provision is made for
the hearing and determining matters of dispute between any two or
more States relative to Jurisdiction, boundary, or any other matter what-
ever ; but no provision for Congress to hear or determine any matter of
dispute between one part of a State and the other ; but are prevented by
the second article. — Neither is there any provision for Congress to inter-
pose relative to dividing any State or States, for the purpose of erecting
a new State or Jurisdiction, or of transferring any part of one to the
Jurisdiction of another, &c. This matter is left to each particular State
OBSERVATIONS, ETC. AN ADDRESS. 26/
to determine as they shall think proper : This is agreeable to what I
before observed, that as to erecting particular States or Jurisdictions
the United States in Congress had nothing to do, neither would they
intermeddle in those matters. — Therefore all the particular States as to
their Powers, Jurisdictions, and Rights as they are or will be when the
Confederation takes place and Government is settled in the respective
States will be unalterably established and must so remain as long as the
Confederation lasts, unless they shall see fit to alter themselves, the
probability of which I leave every one to judge who knows that men
and bodies of men are governed by self-interest. — This I think a suffi-
cient answer to those who are for putting off the affair until all public
matters are settled and then enter upon making new States, Sec. They
in that case will be told it is now too late ; this consideration therefore
will make it necessary to enquire more particularly what steps are pru-
dent to be taken by the Inhabitants living on the Grants east of Co?i-
necticut-River, especially as we find the present assembly of New-Hamp-
shire "have directed the several towns and districts if they see fit to
instruct their Representatives at their next sessions to call an Assembly
by a full and free election to convene together for the sole purpose of
establishing a permanent plan of Government for the State," and there-
fore many will say perhaps such a plan will be settled as will give satis-
faction to all parties concerned : And further that it is our indispensible
duty to assist in forming this plan in order if possible to have it so done
that we may be satisfied, but if after all we cannot obtain such a plan as
appears to us just and equitable we will not connect with them but seek
after connections somewhere else. — But let me tell you my friends that
whatever town or district undertakes to act in forming a plan of Govern-
ment for the State, w'hen once the plan is formed and settled, be it
what it will, like or not like it, they are as effectually bound by it as if
they had made it altogether themselves ; for you cannot act in the least
without first uniting and when once united, whatever that Body does
will be considered as your act as much as theirs. — Therefore if you con-
sider yourselves now unconnected, and that it is your duty and interest
to seek after connection with them, and still retain liberty in your own
hands until such time as you can agree to unite, the only proper way is,
to propose such terms as you are willing to unite upon, and if agreed to
then a union may properly take place ; but if not agreed to, then you
are at liberty to act otherwise as you think proper. — Therefore every one
may know for certain if he once begins to act in this affair he must abide
the consequences, for Jiavitu/ put his hand to the plough he canH look hack.
— I urge this the more not to dissuade those who think it their duty and
interest to seek after connection, but that they may act with their eyes
open, and not dabble in those matters, and afterwards complain that
they are unjustly dealt with ; therefore all such as are willing to join
with said State in forming a plan of Government, and run the venture of
obtaining such an one as may be agreeable, let them join, they have a
right so to do. — But those that are not, if they intend to keep their
hands at liberty by no means ought to meddle in the least. — And as
things seem to be ripening fast to a settlement relative to governmental
affairs whatever ought to be done ought not to be delayed.
Finis.
268 NEW HAMPSHIRE GRANTS.
[Note. The paper which follows, evidently written in answer to the
foregoing, was copied from a manuscript in the hand-writing of the Hon.
Timothy Walker, of Concord, who at the time, 1778, was a member
of the Council of the State. When or in what form it was published
is not known.* — Ed.]
Aji Address to the Inhabitants of the New HampsJiire Grants
(so called) lying zuestward of Connecticnt River.
[By Hon. Timothy Walker, Concord, N. H.]
Friends and Fellow Country-Men.
The occasion of my addressing you at this Time, is the sight of a
very insignificant Pamphlet, the other Day thrown in my way, intitled
Observations (S:c. relative to your affairs, lately printed at Danvers, by
E. Russel.
I should not think this performance worthy of the least Notice, but
that I am certainly informed, that it is circulated up your way, on both
sides of the River, and is much relied upon, and has a great effect in
misleading the less knowing and judicious, and betraying them into
dangerous errors, both in Judgment and Practice, destructive of the
Public Welfare.
Were we to judge of the Author's design by his Introduction, and
indeed, by the bulk of his performance, we should suppose that (however
vague and ineffectual it is to any such purpose) he proposed to offer
something of use for your direction and assistance, in your endeavors to
extricate yourselves from the many Troubles and perplexities you have,
for a number of years, been embarrassed with, in consequence of your
subjugation to the Government of New York. But by some scattered
Hints through the whole, and, especially the last page of his Postscript,
I am led to judge that the authors principal view, was to pave the way,
and facilitate the introduction of a number of Towns on the east side of
the River Connecticut into your new forming State.
My design is, to oiTer some things to your consideration, which, if
they shall appear of equal weight to you, as they do to me, I imagine
you will judge them sufficient reasons to bar such a coalition. The au-
thor's labored pretense to trace the two Provinces of New York and
New Hampshire from their origin, which take up so much room in his
performance, serves no other end that I can perceive, than to show his
own gross Ignorance in those matters ; for, whatever title the Duke of
York had, either with respect to soil or jurisdiction, in any part of
America, either as a Patentee under his Brother, or afterwards in his
own Right, as King, he soon lost it all, together with his Crown, by his
misrule ; and New York, ever since the Revolutionf (be its bounds where
they may) has been considered as a Royal Government in contradis-
tinction from the Charter and Proprietary Governments.
No less Ignorant does he seem to be, with respect to the origin of
New Hampshire, which, as far as respects Jurisdiction, was, from the
beginning, a Royal Government ; Capt. John Mason, by several Grants
from the Council of Plymouth, had all the land assigned him, between
Salem River and Piscataqua River, and sixty miles up into Land ; to
*The copy was furnished the editor by Joseph D. Walker, Esq., of Concord, grandson of
Judge Walker. — Ed.
f That is, in England, 1649. • •''>-
AN ADDRESS IN REPLY TO '* REPUBLICAN." 269
which he gave the name of New Hampshire, but it was not in the power
of that Council to give him Jurisdiction over an Inch, so that, his dis-
tinction between Mason's New Hampshire and the King's New Hamp-
shire, is the most idle whim that ever entered into the Head of an en-
thusiast in Politicks.
No less ignorant does he seem to be of the English Constitution and
mode of expression, where he speaks of " a Decree of the Board of
Trade, '^ as the foundation of your subjugation to the Government of
New York. The Board of Trade pass no decrees in such cases, but act
as a sort of Committee, who are to enquire into all circumstances of any
affair submitted to their cognizance, and to report to the King and Privy
Council their opinion what is best to be done.
But, to pass over this and some other Things as of little or no impor-
tance, and come to matters of Fact : New York, ever since the Revolu-
tion, and New Hampshire from the beginning, had been considered as
Royal Governments ; and there, I suppose, both Lawyers and Politi-
cians, in both Englands, are agreed, that the King's Commission is the
Magna Charter, or rather the vivifying Principle that puts life into the
Constitution, as well as determines its Limits and many other circum-
stances ; and now, as the boundaries of these two Provinces, as far as
they bordered upon the Charter Governments, had been ascertained,
so, when these were passed by, the place where the two Royal Govern-
ments were to meet had not been plainly and explicitly determined,
until the year 1764, or thereabouts; — that is, the King had never told
his governor of New Hampshire, in express terms, how far west he
should go, and there stop, nor his Governor of New York how far East
he should go and then cease, until the Aera last mentioned.
Now, this being the case, it was by the English Constitution a matter
of mere prerogative, that is, it was in the King's Power, to fix this line
where and as he pleased ; but this, as all acts of Power, should be
guided by Wisdom, conducted by Justice, and tempered by Goodness.
Now, I suppose, it was the want of these amiable attendants of Power,
in this instance of its exertion, that is the principal ground of your
complaint; that is, you were, in a manner contrary to all good Policy,
and subversive of the very end of Government, surreptitiously, as it
were, torn and dissevered from a Province, under whose auspices you
settled, where your connections, acquaintance and business lay, and
where you had reason to expect and hope for a good share of those
comforts & advantages which render society elegible and Government
beneficial, and subjected, as it were, to a foreign Jurisdiction, where
these blessing could not be enjoyed at all, or but in a very imperfect
degree. This, however slightly and confusedly it is, as it were glanced
at by this Author, I suppose is the principal source of your peculiar
troubles. But now, my Friends, is any thing like this the case with re-
spect to those Towns on the East side of the River, now about to join
you? Exactly the reverse — Every step in the whole progress of their
Settlement, from its infancy to its present improved state, has been with
the entire consent of the people. They have, in every possible way
(except personally signing an instrument for the purpose) expressed
their satisfaction in their situation, as a part of New Hampshire, in a
manner and to a degree that rather verged towards Adulation, than ex-
hibited the least sign of disgust and uneasiness. They applied to the
Governor of New Hampshire and obtained of him Grants of their Lands
and Charters of Incorporation, held their Town meetings regularly,
2/0 NEW HAMPSHIRE GRANTS.
chose their Town officers, transacted all business which Towns usually
do, without the least lisp of murmur or complaint. Gentlemen have
taken and executed Commissions, both Civil and Military, and when
the Province was divided into Counties, one of those very Towns, who
are now aiming at a defection, was honored as a shire Town, and, at
an expense bordering on profusion, erected a Court House, held their
stated Courts, &c. &c. The Governor of New Hampshire attended the
Commencement at Dartmouth College, (where the people now join in
the defection) escorted by the principal Gentlemen in the vicinity, and
there treated with all the eclat and magnificence that could be exhibited
on the occasion.
Thus matters stood, when the British administration stretched the
Iron Rod of Tyranny and Despotism over these Provinces, in a manner
and to a degree that left no man secure in the enjoyment of his Property
or even of his life.
At this dark Period, Delegates from the several Provinces were de-
sired to meet in General Congress to deliberate and determine what
could be done to ward off the fatal Blow. Now, these very Towns, by
their Representatives, met with their Brethren, the Representatives of
the other towns of New Hampshire, and joined with them in the choice
of Delegates which made a part of that August Body which now figures
in the principal Courts of Europe, and is particularly honored by the
Alliance and guarantee of so great a Prince as the Grand Monarque.
But now, if the Principle which this author lays down, and which is
the basis of his whole superstructure, (viz. That the Declaration of In-
dependence dissolves all political relations and connections) be admit-
ted, as not only true in theory, but also carried into practice, by this
single blow of the clumsy Fist of this dabbler in politicks, the glorious
Fabrick (American Independence) which I suppose I may say is the
admiration of all Europe, and the Esteem of all, with a very few
exceptions, will be laid prostrate, jumbled into a huge heap of sand,
without any cement to hold it together. For, if Provincial Lines that
were universally acknowledged and acquiesced in, both by Governors
and Governed, as the true boundaries of the several Provinces, be re-
jected as of no validity, most certainly all subordinate Corporations,
depending upon the same authority must share the same Fate. And
thus, the fine Country that bids so fair to shine in the annals of futurity,
is at once reduced to a State of Nature (the Author\s own words) and
must soon sink under its own loeiglit. But, this is not all ; there is a
minoriiij in each of these Towns, which sees things as they are ; who
look upon themselves as bound by every Social Tie, to approve them-
selves as liege subjects of the State of New Hampshire ; and, conse-
quently, in obedience and conformity to this Principle, which Reason
dictates and Religion patronizes, they refuse subjection to any Rules,
Regulations or Orders of what name or nature soever, inconsistent with
the Faith they have plighted to the State of New Hampshire. — These,
when they find themselves unable to bear up against the torrent of Rage
and Oppression from their cruel Neighbors, will, doubtless, apply to the
State of New Hampshire for protection. I must confess, I dont see
how they can, and I have no apprehension that they will, reject such
application; but, after all lenient measures have been used, without
success, they must and will employ the Power of the State to vindicate
AN ADDRESS IN REPLY TO "REPUBLICAN. 2/1
and protect their thus injured subjects, altho at the expense of the
Blood and Treasure of another Civil War.
Now, pray Gentlemen, consider what an unfavorable light you will
stand in with the Confederated States, when you are considered as the
abettors at least and accomplices in these scenes of devastation and
bloodshed : particularly consider what a fund of Eloquence and Oratory
you are laying up in store for the use of New York to be played off against
you, whenever your case comes to be candidly discussed before the
Continental Congress, (for I am persuaded it must first or last come be-
fore that august Assembly) you, in a manner, put words into their
mouths, and direct them to address that Venerable Body in such lan-
guage as this : — " You now plainly see, Gentlemen, what these nien are
aiming at ; that, however modest and submissive a tone they may, at
certain times or on special occasions have assumed, yet, they now begin
to throw off the mask, and discover the latent Principle of Malignity
which has all along been at the bottom as the animating spring of all
that disturbance which they have occasioned. We appeal to facts.
Gentlemen ; you have a recent instance before you which plainly show
they are for grasping all they can lay hold of. Right or Wrong. They
have gone over the Line of New Hampshire, where they had not the
least shadow of pretence, to intermeddle, more than in any other of the
States of the Confederacy ; and have been, at least, accessory towards
raising a Storm, which no one knows where or how it will be ap-
peased."
I have but one thing more to add, and that is a hint, that it is pretty
well known in Nev/ Hampshire, that the disappointments of a small
junto of aspiring, avaricious men, in their endeavors to raise themselves
and their connections to a degree of importance in the State, far, very
far, beyond what their numbers or Estates gave them any pretence to, is
the source of all this feud. Now unless the course of nature should
change and similar Causes should cease to produce similar Effects, one
may venture to predict, that this Spring wont lose its stimulus and
change its vibratory nature, by being turned the other way, but will be
active in endeavors to embarrass and perplex your Affairs.
I have purposely avoided a particular Address to our Seceding Breth-
ren, on the East side of the River Connecticut, because I understand
their rash proceeding has so awakened the attention of the State, that
it will probably be matter of public enquiry when the General Court
meets ; and it might appear officious in a private Subject to anticipate a
Business which will be much better done by the united Wisdom of the
State.
However, that they may not think themselves wholly neglected, if
there be any weight in the reasoning and observations in the foregoing
Pages, if they will be pleased to read them, they may, with the altera-
tion of a few circumstances, apply them to themselves ; and they will
find many of them, A fortiori, to conclude against their own conduct.
Thus, Gentlemen, I have honestly endeavored to lay before you the
Truth respecting an affair not only of great importance in itself, to the
Peace and Weel of those immediately concerned in it, but also will, if
not seasonably checked, go far in its consequences towards sapping the
foundation of the Confederation of the United States ; and am your
sincere Friend and well wisher, in all honest pursuits.
Pacificus.
July i8, 1778.
2/2 NEW HAMPSHIRE GRANTS.
SECTION VII.
[First attempt of Border Towns in New Hampshire
TO UNITE with VeRMONT.]
[Vermont had no sooner organized a government than a disposition
was manifested by a portion of the inhabitants in border towns east
of Connecticut river to dissolve their connection with New Hampshire,
and unite with the people of Vermont.
Accordingly, on the nth of March, 177S, a petition from sixteen
towns on the east side of Connecticut river was presented to the legis-
lature of Vermont, in session at Windsor, praying to be admitted into
its Union. This led to a direct controversy between New Hampshire
and Vermont.* — Ed.]
NOTES BY THE EDITOR.
With a view to a clear understanding of the controversy between New
Hampshire and Vermont, including especially the disputes about " Ma-
son's line" (so called), which was claimed as the western boundary of
New Hampshire, the editor takes this opportunity to make the following
statements :
The original territory of New Hampshire consisted of grants from the
council of Plymouth to Capt. John Mason, — the first dated Nov. 7, 1629,
and the second April 22, 1635. In both grants (see Prov. Pap. N. H.,
Vol. I, pp. 21, 32) the western bound from the sea-coast was limited to
three-score miles. A dispute in due time arose both as to where the
exact limit should be fixed, and whether the western bound should be
a curve or straight line. On these questions, which were not finally set-
tled until 1787, Dr. Belknap, in his History of New Hampshire, Vol.
in, pp. 13, I4» 1812, says, —
"The Masonian proprietors claimed a curve line as their western
boundary ; and under the royal government no person had controverted
that claim. When the war with Great Britain was terminated by the
peace of 1783, the grantees of some crown lands, with which this line
interfered, petitioned the assembly to ascertain the limits of Mason's
patent. The Masonians at the same time presented a petition, showing
the pretensions which they had to a curve line, and praying that a sur-
vey of it, which had been made in 1768 by Robert Fletcher, might be
established. About the same time, the heirs of Allen, whose claim had
long lain dormant for want of abihty to prosecute it, having consulted
council, and admitted some persons of property into partnership with
them, entered and took possession of the unoccupied lands within the
limits of the patent ; and in imitation of the Masonians, gave general
♦See Blade's Ver. Pap., p. 89. — Ed.
FIRST UNION WITH VERMONT. 2/3
deeds of quitclaim to all bona fide purchasers, previously to the first of
May, 1785, which deeds were recorded in each county, and published in
the newspapers. They also petitioned the assembly to establish a head
line for their patent.
"After a solemn hearing of these claims, the assembly ordered a survey
to be made of sixty miles from the sea on the southern and eastern lines
of the state, and a straight line to be run from the end of one line of
sixty miles to the end of the other. They also passed an act to quiet all
bona fide purchasers of lands between the straight and curve lines, so
far as that the state should not disturb them. This survey was made in
1787 by Joseph Blanchard and Charles Clapham. The line begins on
the southern boundary, at lot No. 18, in the town of Rindge. Its course
is north — thirty-nine east. Its exent is ninety-three and one half miles.
It ends at a point in the eastern boundary which is seven miles and
two hundred and six rods northward of Great Ossapy river. This line
being established, as the head line or western boundary of Mason's
patent, the Masonians, for the sum of forty thousand dollars in public
securities and eight hundred dollars in specie, purchased of the state
all its right and title to the unoccupied lands between the straight line
and the curve. The heirs of Allen were then confined in their claim
to those waste lands only which were within the straight line. They
have since compromised their disputes with the proprietors of eleven of
the fifteen Masonian shares by deeds of mutual quitclaim and release.
This was done in January, 1790."
The question of the true head line of Mason's patent is exceedingly
complicated, and perhaps impossible to be accurately determined. In
the original grant to Alason, of November 7, 1629, the said grant in-
cluded " all that part of the mainland in New England lying upon the
sea-coast, beginning from the middle part of Merrimack river, and from
thence to proceed northwards along the sea-coast to Pascataqua river,
and so forwards up within the said river, and to the furtherest head
thereof, and from thence north-westward, until three-score miles be fin-
ished from the first entrance of Pascataqua river ; also, from Merrimack
through the said river, and to the furtherest head thereof, and so for-
wards up into the lands westwards, until three-score miles be finished ;
and from thence to cross over land to the three-score miles end, ac-
compted from Pascataqua river." This grant, as modified and confirmed
April 22, 1635, still limited the extent into the interior to three-score
miles west, and on the eastern bound north-westerly the same extent, and
then to cross over from one end to the other (see Prov. Pap. N. H.,
vol. I, pp. 21, 32).
In their eagerness, perhaps, to make the most of their patent, the
Masonians claimed that the cross line from the south-western to north-
erly bound should be a curve line, or the arc of a circle of sixty miles
from a point on the sea-coast. But evidently the quantity of land taken
in by a sweep of sixty miles would depend much on the starting-point,
and much more whether it should be a straight line or a curve. This,
therefore, became a matter of dispute and litigation.
The curve line, as drawn on Mr. Carrigain's map, 1S16, commences
at the south-western end, in Fitzwilliam, and in its sweep across to the
north-eastern bound passes through Marlborough, Roxbury, Sullivan,
Marlow, Washington, Goshen, New London, Wilmot, Orange, Hebron,
18
274 N^^ HAMPSHIRE GRANTS.
Plymouth, Holderness, Campton, Sandwich, Burton, to or near the
south Une of Conway.
Mr. Carrigain says, on his map, that " a survey made in 1768 carried
the eastern end of the Mason curve line teji miles further down. Hence
the straight line of 1787 runs to the S. W. corner of Rindge."
In agreement with this statement, we find that the straight line
drawn on Dr. Belknap's map, 1791 (see Belk. Hist, of N. H., vol. I,
1812), commences at the western end, in Rindge, and runs through
Jaffrey, Peterborough, Greenfield, Francestown, Weare, Hopkinton,
Concord, Canterbury, Gilmanton, across Lake Winnipiseogee, Wolfe-
borough, Tuftonborough, to Ossipee.
The difference in the quantity of land, as measured by the ciir've or
by the straight line, is, to say the least, worth some litigation. These
complications were finally settled by acts of the legislature.
As this is important to a full understanding of the matter, the action
of the general assembly is here inserted.
The Mason Line determined.
In the House of Representatives, January 9*^ 1787.
Report of Committee 071 unimproved Lands.
*'The Committee on ascertaining the waste or unim-
proved Lands belonging to the State Reported that they
recommend that a Bill be brought in appointing and fully
authorizing a Committee to settle and ascertain the western
line of a Tract of Land originally granted to Capt. John
Mason, commonly called the Masonian Line. That said
Committee agree with the owners or claimants of said Grant
in running, marking and establishing said Line in such way
and manner as they may mutually agree — but in case the
said owners or claimants & the said Committee should not
agree in settling said line, that then the Committee proceed
to run and mark said line agreeably to the tenor and con-
struction of the original grant or grants of the same, and
make report thereof to the General Court.
The Committee recommend, That some Court be partic-
ularly impowered or a new Court erected to try and deter-
mine all matters relative to the performance or non-perform-
ance of charter conditions of Lands granted in this State,
known by the name of King's grants — and that as soon as
such court shall be authorized or erected ; that the Attor-
ney General be directed from time to time, as the General
Court shall think proper, to summon before said Court the
owners or claimants of such granted Towns or located lands.
FIRST UNION WITH VERMONT. 2/5
as the said General Court shall suppose deficient in per-
forming their respective Charter conditions, to shew cause
why their said Lands should not be declared forfeit, and to
obtain before said Court an equitable determination thereon.
Signed, Elisha Payne, for the Committee.
Which report being read and considered, Voted, That it
be received and accepted, and that a Bill or Bills be brought
in accordingly. [Concurred by the Senate.] "
[Agreeably to the foregoing report and recommendation of the com-
mittee, a bill was passed on the 15th of January, 1787, entided "An act
for ascertaining the waste lands belonging to this State." (See Rec. of
Acts, 1784 to 1789.)— Ed.]
On the 28*^ of June, 1787, Another Act was passed, enti-
tled ''An Act to quiet all bona fide purchasers of lands be-
tween a line crossing over lands upon a strait course from
the North-east extremity of the East line of Mason's pat-
ent; being sixty miles from the Sea on a strait line and
running to the extremity of the Western side line of said
patent, at sixty miles distance from the sea, on a strait line,
and the ciifve line so called, claimed by the persons calling
themselves the Masonian proprietors, as the head line of
said patent."
[Copy of said Act]
Whereas doubts may arise in the minds of honest
Settlers, and bona fide purchasers, that they may be
disturbed in their possessions, if the lands between
the said head line at the end of sixty miles and the said curve
line should be recovered and taken possession of by the
State : Wherefore, to remove all such doubts — Be it enacted,
by the Senate and House of Representatives in General
Court convened, That all lands situate between the said
curve and strait lines, which were bona fide granted or sold
by the King of Great Britain, or by the persons calling
themselves the Masonian proprietors, or by the persons
claiming the lands within the said patent in the right of
Samuel Allen, Esquire, prior to the first day of June, 1786,
be and hereby are quieted in the title of lands so purchased,
so far as that the State shall not hereafter disturb or inter-
fere with such titles.
And be it further enacted. That such persons as have
entered and made improvements upon tracts of land between
276 NEW HAMPSHIRE GRANTS.
the said curve and strait lines, that have not been hereto-
fore granted or sold by the King of Great Britain, the Ma-
sonian proprietors, or the heirs of Samuel Allen, Esquire,
such persons or Inhabitants shall be quieted in their posses-
sions upon paying to this State the value of uncultivated
lands in the vicinity of the same.
And be it further enacted, That the Boundaries of all
Townships within this State, shall be & remain as hereto-
fore fixed & established, notwitstanding any alteration that
may happen in the establishment of the head line of said
Patent : Provided, nevertheless, that nothing in this Act
contained, shall be construed to extend to lands now claimed
by persons commonly called the Masonian Proprietors or
their heirs, or the proprietors claiming under Samuel Allen,
Esquire, or their heirs, in their own right, or any Township
granted or conveyed to and among themselves, not bona fide
conveyed to any other persons, or to any lands reserved by
them, or either of them, to and for the use of themselves
and their heirs.
State of New Hampshire, In the House of Representatives
June 28*^ 1787: —
The foregoing bill having been read a third time, Voted
that it pass to be enacted. Sent up for concurrence.
John Sparhawk, Speaker.
In Senate the same day. This bill having been read a
third time, Voted that the same be enacted.
Jn'^ Sullivan, President.
[Note. The foregoing statement of facts serves to show the diffi-
culty of fixing a head line which should be satisfactory to all parties
interested, and also raises a question how far the projected new State
would extend east of Connecticut river. — Ed.]
[p. 73.] State of Vermont ) In General Assembly, June 11^^
Bennington, SS. \ 177^.
On the representation of a Committee* from the New
Hampshire Grants (so called) east of Connecticut River,
that the said Grants are not connected with any State with
* The editor has searched in vain for the original papers containing
this "representation," as also for the preliminary proceedings which
led to it.
FIRST UNION WITH VERMONT. 2//
respect to their internal police, and that sixteen Towns in
the northwestern part of said Grants have assented to a
union with this State agreeable to articles mutually pro-
posed by this Assembly and a committee from the grants
east of said River, as by said Articles on file more fully may
appear ;
Therefore Voted and Resolved that the sixteen Towns
above referred to, viz, Cornish, Lebanon, Enfield, Dresden,
Canaan, Cardigan, Lime, Orford, Piermont, Haverhill, Bath,
Lyman, Gunthwaite, Apthorp, Landaff and Morristown, be
and hereby are entitled to all the privileges and immunities
vested in any Town within this State.
Aso Voted and Resolved, that any Town on the Grants
east of Connecticut River, contiguous to any of the Towns
above mentioned, and which has not yet assented to a union
with this State, shall be received, on their exhibiting to the
Assembly a Certificate of a Vote of a major part of the In-
habitants of such Town in favor thereof ; or on their ap-
pointment by a major part of the Inhabitants of such Town
of a member to represent them in the Assembly of this
State ; and that they shall thereby become entitled to all
the Rights appertaining to any Town within this State
agreeable to the Rules prescribed in the Constitution.
Attest. Benj^ Baldwin, Jun'^ Clerk,
A true copy of Record, compared
pr Tho's Chandler, Jun'^ SecX
Letter from NeJieiniaJi Estabrook to Meshech Weare, trans-
mitting Resolves of the State of Vermont, about the iLnion
of certain tozvns with them, dated
Orford, June 25^^\ 1778.
[p. 71.] HoN^^ Sir —
The Convention of Committees from the several Towns
mentioned in the inclosed Copies take this opportunity to
transmit to you as President of the Council of the State of
New Hampshire, a Resolve of the Assembly of the State of
Vermont relative to a union of said Towns with them, by
which you will be avail 'd of the political situation of these
United Towns & others, on the grants who may comply with
said Resolve. We hope that notwithstanding an entire sep-
eration has now taken place between your State and those
2^8 NEW HAMPSHIRE GRANTS.
Towns, an amicable settlement may be come into at a
proper time between the State of New Hampshire and those
Towns on the Grants that unite with the State of Vermont,
relative to all civil and military affairs transacted in connec-
[p. 72.] tion with the State of New Hampshire, since the
commencement of the present war to the time of the union,
so that Amity and Friendship may subsist and continue
between the two States.
I am, Sir, in behalf of said Convention, with respect,
Your most obedient Humble Servant,
Nehemiah Estabrook,* Chairman.
To the Hon^i^ M. Weare, Esq^'
President of the Council of New Hampshire.
Letter fr 0171 Meshech Weare to the New Hampshire Dele-
gates ill Congress on the siibject of the above Pinion, dated
[p. 77.] Exeter, Aug* 19, 1778.
Sir —
By order of the Council and Assembly of this State, I am
to inform you that the pretended State of Vermont, not
contented with the limits of the New Hampshire Grants
(so called) on the West side of Connecticut River, have ex-
tended their pretended jurisdiction over the River, and
taken into the Union (as they Phrase it) sixteen towns on
the east side of Connecticut River, part of this State who
can have no more pretence for their defection than any other
towns in the State ; the circumstances of which you are well
acquainted with : And great pains is used to persuade
other towns to follow their example. Enclosed I send you
the copy of a Letter from Mr. Estabrook who stiles himself
chairman of the Convention of Committees from several
Towns &c., also the copy of a Resolve of the s^^ nominal
State of Vermont ; on which you will make your own com-
ments.
By the best information I have from that County about
* Nehemiah Estabrook was of Lebanon. In 1776 he was one of the
selectmen of the town, and deacon of the church. He presided at a
meeting of several adjacent towns, held at the College hall in Hanover,
July 5, 1776, to consider the perilous condition of the frontier towns,
and to obtain assistance from the assembly of New Hampshire. (See
State Pap., vol. VHI, pp. 248, 297, 298.)— Ed.
FIRST UNION WITH VERMONT. 2/9
one third — nearly one half- — of the people in the defective
Towns are averse to the proceedings of the majority, wlio
threaten to confiscate their estates if they don't join with
them ; and I am very much afraid the affair will end in the
shedding of Blood. Justices of the Peace have been ap-
pointed & sworn into ofhce in those towns under the pre-
tended authority of s^ Vermont. I must not omit to let you
know that CoP Bedel* who has rec^ great sums from Con-
gress or their Generals under pretence of pay« men for
service they never did (as I am informed) by the influence
of s*^ money has occasioned a great share of the disorders
in those Towns. I am directed to desire you on receipt of
this to advise with some of the members of Congress on
this affair & proceed as you may judge expedient after ad-
vising as afores^. Endeavor to obtain the aid of Congress,
if you think they can with propriety take up the matter.
Indeed unless Congress interferes (whose admonition only
will be obeyed) I know not what consequences will follow ;
very possible the sword will decide it, as the minority in
those towns are claiming protection from this State, and
they think themselves bound by every tie to afford it ; and
you know every condescending method that could be in-
vented, has been offered them in the beginning of the
Schism and was rejected. I doubt not of your application
and efforts in this matter, which if effective will exceedingly
serve the State and probably prevent numberless calamities
to the People.
Hon. Josiah Bartlett & John Wentworth, Esq^
Letter from President Weare to Governor CJiittendeJt, dated
Exeter, August 22, 1778.
(Copied from Slade's State Pap., p. 91.)
Sir —
Although I have had information that the people settled
on the New Hampshire Grants (so called) west of Connect-
icut River, had formed a plan for their future Government,
and elected you their first magistrate ; yet, as they have not
* Col. Timothy Bedel was a resident in Haverhill, and an influential
citizen. — Ed.
280 NEW HAMPSHIRE GRANTS.
been admitted into the confederacy of the United States as
a separate, distinct body, I have omitted to address you in
your magistratical style, and not out of disrespect to you, or
the people over whom you preside ; which, in these circum-
stances, I doubt not, your candor will excuse, and that you
will attend to the important subject of this address.
A paper has been laid before the General Assembly,
attested by Thomas Chandler, jun. as Secretary of the State
of Vermont, dated June ii, 1778, purporting a resolution of
the General Assembly of the State of Vermont, to receive
into union with said State, sixteen towns on the east side
of Connecticut river ; and leave, or rather, an invitation, to
any towns contiguous to those sixteen, to enter into the
same union.
On which I am directed to represent to you, and to desire
it may be laid before the representatives of your people, the
intimation in said resolve, that the said sixteen towns, ' are
not connected with any State, with respect to their internal
police,' is an idle phantom, a mere chimera, without the
least shadow of reason for its support.
The town of Boston, in Massachusetts, or Hartford in
Connecticut (if disposed) might, as rationally, evince their
being unconnected with their respective States, as those
sixteen towns their not being connected with New Hamp-
shire.
Were not those towns settled and cultivated, under the
grant of the Governor of New Hampshire ^ Are they not
within the lines thereof, as settled by the King of Great
Britain, prior to the present era .'' Is there any ascertaining
the boundaries between any of the United States of Amer-
ica, but by the lines formerly established by the authority
of Great Britain ? I am sure there is not. Did not the
most of those towns send delegates to the Convention of this
State in the year 1775 .'' Have they not, from the commence-
ment of the present war, applied to the State of New Hamp-
shire for assistance and protection ? It is well known they
did — and that New Hampshire, at their own expense, hath
supplied them with arms, ammunition &c. to a very great
amount, as well as paid soldiers for their particular defence ;
and all at their request, as members of this State — whence
then, could this new doctrine, that they were not connected
with us, originate .'' I earnestly desire that this matter may
FIRST UNION WITH VERMONT. 28 1
be seriously attended to ; and I am persuaded the tendency
thereof, will be to anarchy and confusion.
When I consider the circumstances of the people west of
Connecticut River, the difficulties they encountered in their
first settlement, their late endeavors to organize govern-
ment among themselves, and the uncertainty of their being
admitted, as a separate State, into the confederacy of the
United States, I am astonished that they should supply
their enemies with arguments against them, by their con-
necting themselves with people, whose circumstances are
wholly different from their own, and who are actually mem-
bers of the State of New Hampshire. A considerable num-
ber of inhabitants of those sixteen towns (I am well in-
formed) are entirely averse to a disunion with the State of
New Hampshire, and are about to apply to this State for
protection ; indeed, some have already applied. And are
not the people in this State under every obligation, civil
and sacred, to grant their brethren the needed defence ?
I beseech you. Sir, for the sake of the people you preside
over, and the said people, for the sake of their future peace
and tranquillity, to relinquish every connection, as a political
body, with the towns on the east side of Connecticut river,
who are members of the State of New Hampshire, entitled
to the same privileges as the other people of said State,
from which there has never been any attempt to restrict
them.
I am, Sir, with due respect,
Your obedient humble servant,
Meshech Weare,
President of the Council of the State of N. H.
Hon. Thomas ChittendeUj Esq.
282 NEW HAMPSHIRE GRANTS.
[Note. On the receipt of this letter, Governor Chittenden convened
the council, and Gen. Ethan Allen was requested to repair to Philadel-
phia to ascertain the views entertained by congress of the proceedings
of Vermont. On his return Gen. Allen made report as follows : — Ed.]
[Copied from Slade's Ver. State Pap., pp. 92, 93.]
To his Excellency, the Governor, the Honourable the Coun-
cil, and to the Representatives of the freemen of the
State of Vermont, in General Assembly met.*
Gentlemen —
The subscriber hereto, begs leave to make the following
report, viz.
By the desire of his Excellency, and at the request of
several of the members of the honourable the Council, to me
made in September last, I have taken a journey to Phila-
delphia, in order to gain knowledge how the political situa-
tion of the State of Vermont stood, in the view of Con-
gress ; — which I here exhibit.
On the 16^^^ day of September last, I am informed by
members of Congress, that the delegates from the State of
New Hampshire exhibited to Congress a remonstrance
(which they had previously received from the Council and
Assembly of said Statef) against the proceedings of the
State of Vermont, with respect to their taking into union
a number of towns, on the east side of Connecticut river,
and in their inviting other towns to revolt from New Hamp-
shire ; a copy of which I herewith exhibit : a matter, which
they allege, was incompatible with the right of New Hamp-
shire, and an infringement on the confederacy of the United
States of America ; and, therefore, desired the Congress to
take the matter under consideration, and grant some order
thereon, to prevent the effusion of blood, and the confusion
and disorders which would, otherwise, inevitably ensue.
The delegates from New-York, at the same time, exhib-
ited to Congress sundry papers, containing allegations
* At this session of the legislature representatives from ten of the six-
teen towns on the east side of Connecticut river took their seats in the
general assembly. — WilHams's Hist.
f This remonstrance has not been found. The committee appointed
to draw it up were, on the part of the house. Col. Hobart, Mr. Gains,
Mr. Odiorne, Mr. Porter, and Capt. Calfe ; and on the part of the coun-
cil Mr. Walker and Mr. Thompson. (N. H. State Pap., vol. VIII, p.
790.) — Ed.
FIRST UNION WITH VERMONT. 283
against the State of Vermont, which, after some altercations,
were admitted ; and it was agreed that the same, together
with the remonstrance from the State of New Hampshire,
should be taken under consideration, on the afternoon of the
i8*^ by a Committee of the whole house; — at which time
it was moved to be brought forward ; but urgent business
occasioned its being deferred to the 19^'^; at which time I
arrived at Philadelphia, and being immediately informed of
the business by some of the members of Congress, I used
my influence against its being hastily determined ex parte;
and particularly objected to the complaints from the States
of New Hampshire and New York, their being both consid-
ered at the same time, alledging that they were of a very
different nature. And, in consequence of this, together
with my earnest request and application, I obtained assur-
ance that the matter should not be brought to a decision
before I could have an opportunity to lay the matter before
this people ; as I had, previously, let the members of Con-
gress know, that the Assembly of this State was to sit at
this time ; and I engaged to transmit the proceedings of this
Assembly to Congress, as soon as they transpired at their
request.
The allegations, thrown by New- York, received a most
severe shock on the perusal of my late pamphlet in answer
to his Excellency Governor Clinton's proclamation, dated
in February last, containing overtures to the inhabitants of
this State ; as well as from my large treatise on the nature
and merit of the New York claim, and their treatment to
the inhabitants of this now State of Vermont. In fine, the
New York complaints will never prove of sufficient force in
Congress, to prevent the establishment of this State. But,
from what I have heard and seen of the disapprobation, at
Congress, of the union with sundry towns, east of Connect-
icut river, I am sufficiently authorized to offer it as my
opinion, that, except this State recede from such union,
immediately, the whole power of the Confederacy of the
United States of America, will join to annihilate the State
of Vermont, and to vindicate the right of New Hampshire,
and to maintain, inviolate, the articles of confederation,
which guarantee to each state their privileges and immu-
nities.
Thus, Gentlemen, I have given you a short representation
284 NEW HAMPSHIRE GRANTS.
of the political situation of this State as it now stands in
the General Congress of the United States of America,
upon which I stake my honour.
Given under my hand, at Windsor, this 10*^ day of Oct.
A. D. 1778.
Ethan Allen.
[Note. Immediately upon this report, tlie legislature of Vermont,
agreeably to the opinion and advice of Gen. Allen, took measures " to
recede from the Union" which had been formed with the sixteen
towns east of Connecdcut river. The record of their proceedings is
found in full in Slade's Vermont State Papers, pp. 94-101, and also in
''Governor and Council Records" of Vermont, vol. I, Appendix, pp.
405-426 — of which the essential points relating to the discontinuance of
the Union are indicated by votes on the three following questions : — Ed.]
[p. 79.] Windsor, October 21^*, 1778, Assembly met, ac-
cording to adjournment ; the following Questions were pro-
posed, and answered, as herein stated, (viz.)
Question i^\ Whether the Counties in this State shall
remain as they were established by this Assembly at their
session in March last ?
Yeas 35. Nays 26.
Question 2""^^. Whether the Towns East of the River in-
cluded in the Union with this State, shall be included in
the County of Cumberland ?
Yeas 28. Nays 33.
Question y^. Whether the Towns on the East side of
Connecticut River, who are included by Union within this
State, shall be erected into a distinct County by them-
selves ?
Yeas 28. Nays 33.
[Note. The votes on the several questions foregoing, virtually re-
scinded the union which had been formed, inasmuch as they disallowed
any and all of the said sixteen towns any connection, either with the
already established counties of Vermont, or any county by themselves.
Hence, against these proceedings was entered the following Protest,
viz. : — Ed.]
FAILURE OF UNION WITH VERMONT. 28$
Protest of members of the General Assembly of Vermonty
representing Nezv Hampshire towns east of Connecticut
river, and border towns zvest.
[p. 8i.] State of ) Windsor, October, 22'' 1778.
V ermont. j
We whose names are under written, members of the
Council and General Assembly of said State, beg leave to
lay before the Assembly the following as our Protest and
Declaration against their proceedings on Wednesday the
twenty-first instant, in passing the three following votes or
Resolutions, viz.
'' i^* That the Counties in this State shall remain as they
''were established by the Assembly of this State in March
" last. 2^"^ That the Towns on the east side of the River
" included in the union with this State, shall not be included
" in the County of Cumberland. ^^^^ That the Towns on the
" east side of the River shall not be erected into a distinct
" County by themselves." (As by said votes on the Journal
of the House may appear :) which votes are illegal, and in
Direct violation of the Constitution of this State, and the
Sollemn Engagements and publick faith Pledged by the
Resolutions of said assembly, as by the following observa-
tions plainly appear ; (viz.)
i^* That as the Towns on the east side of said River were
never annexed to any County in said State they are conse-
quently by said votes intirely excluded the Liberties, privi-
leges. Protection, Laws and Jurisdiction of said State ; — all
which were granted them by the State, by an Act or Re-
[p. 83.] solve of Assembly passed at Bennington in June last,
containing the union and confederation of the State and
said Towns, by which Act or Resolve of Assembly every
Town included in the union Received by a Grant from the
then State of Vermont all the rights, powers and privileges
of any other Towns in said State ; which they cannot be
deprived of without their consent, — as it is a maxim, that
the Grantor or Grantors cannot Resume their grant without
the surrender of the Grantee or Grantees.
2"*^ That said votes are in Direct opposition to a Solemn
Resolution of the Assembly Passed the 20*'^ Instant Estab-
lishing the Report of the Committee of both Houses, in
which Report the Assembly have solemnly covenanted to
286 NEW HAMPSHIRE GRANTS.
Defend the whole of the State entire, as it then was, includ-
ing said Town.
3^'^ That by the Constitution of the State, especially the
sixth Article in the Bill of Wrights, Government is instituted
or Declared to be a right of every part of the Community,
and not a part only — said Votes are therefore a violation of
the Constitution.
4*^^ That so far as the Assembly have power, they have,
by said votes totally destroyed the Constitution of the State,
by Depriving those Towns included in the union, of the
[p. 84.] Exercise of Jurisdiction, power or Privilege granted
them ; and the Confederation by which the Towns in the
State are combined and held together as one body ; — and as
no political Body can exercise a partial jurisdiction by vir-
tue of a Confederation or agreement for the people, to ex-
ercise Government over the whole : it is therefore either
void or Destroys both the Confederation and Constitution.
We do therefore hereby publickly declare and make
known that we cannot consistant with our Oaths and En-
gagements to this State (so long as said votes stand and
continue in force) exercise any office or place either Legis-
lative, Executive or Judicial in this State ; but look upon
ourselves as being thereby Discharged from any and every
former Confederation and Association with this State.
Joseph Marsh, D. G. Stephen Tilden
Peter Olcott, Ass* Tho^ Baldwin
Tho^ Mordock, Ass* Jcha^^ Ormsbee
Elisha Payne Reuben Foster
Israel Morey John Wheatley
James Bailey John Nutting
John Young Nehemiah Esterbrooks
Joseph Hatch Abner Chandler
Abel Curtis Francis Smith
Alex^^ Harvey Benjamin Baldwin
Bela Turner Elijah Alvord
Jon-"^ Freeman Joseph Parkhurst
David Woodward Benjamin Spaulding.
Beza. Woodward
FAILURE OF UNION WITH VERMONT. 2%^
Letter from Thomas Chittenden to MesJiech Weare relating
to towns east of Connecticut I'ivery dated
Windsor, 23''^ Oct'' 1778.
[p. 85.] Sir — I am directed by the Council and Assembly
now sitting to acquaint your honor that they have had under
consideration, the subject of your letter to me, dated the
22^^ day of August last. Whereupon they have Resolved
that no additional exercise of jurisdictional authority be had
(by this State) east of Connecticut River, for the time be-
ing : on which Resolution the Members who appeared to
represent those sixteen Towns east of the said River said to
be united to this State, have entered their dissent to such
Resolution on the minutes of the house and withdrawn;
under v/hich circumstances they can have no pretensions to
any claim of Protection from this State, — who are so far
from a disposition to interfere on the Rights of N. Hamp-
shire as to gratefully acknowledge their generous and timely
assistance at the important battle of Bennington, by which
means this Infant State was preserved.
This Assembly of this State have appointed his Hon'* Ira
Allen, Esq^' to wait on your Honor & Council with this ex-
press, v/ho will doubtless be able to give any further satis-
faction in the premises.
I am, Sir, with due Respect your
most obed*^ Hum^ Servant,
Tho^ Chittenden.
Hon^^® Meshech Weare, Esq^'.
Letter from Ethan Allen to Meshech Weare, 7'elating to
towns east of ConnecticiU river and his appoititment as
agent, &c.
[p. 89.] Sta^t^of ^ I Windsor, 2^^ October, 1778.
Sir — In conformity to my Engagement to Col. Bartlett,
one of the members of Congress from New Hampshire, I
am Induced to write to your Honor Respecting a Number
of Towns to the Eastward of Connecticut River, which in-
advertantly by Influence of Designing men, have lately been
brought into Union with the State of Vermont ; — which in
my opinion is Now entirely Desolved. I Engaged Col.
Bartlet to use my Influence at this Assembly, for that
288 NEW HAMPSHIRE GRANTS.
Purpose. The Governor's Letter to your Honour, Together
with what Squire Allen, the Bearer will communicate, will
set this matter in its True Light.
The Union I ever view'd to be Incompatible with the
Right of New Hampshire, and have Punctually Discharged
my obligation to Col. Bartlet, for its Dissolution ; and that
worthy Gentleman on his part assured me, that he had no
directions from the Government of New Hampshire, to ex-
tend their claims to the westward of Connecticut River, to
interfere with the State of Vermont; and I hope that the
Government of New Hampshire will excuse the Imbicility
of Vermont, in the matter of the union. I apprehend Col.
Payne* had a principal Influence in it, and it was with Dififi-
culty that the Assembly got rid of him.
I am appointed by this Assembly to act as Agent for
the State of Vermont, at Congress, where I shall shortly
repare, and Defend that New Hampshire will Acceede to
the Independency of the State of Vermont, as the late Ob-
stacles are honorably removed.
I am with Due respect
Sir, your very Humble Serv*
Ethan Allen.
Hon^^^ Meshech Wear, Esq^
* Col. Elisha Payne came from Connecticut, and was a proprietor and
early settler, 1773-4, in Cai'digaii, now Orange. He was a friend of
Dr. Wheelock, and from 1774 to 1801 was a trustee of the college, and
in 1779 and 1780 was treasurer. A man of strong mind, of great deci-
sion and energy, he early took a leading part in the movement in which
the towns east of Connecticut river were engaged. At the October ses-
sion of the Vermont assembly, 1778, he was a representative from Car-
digan. In 1781 he was elected Lieutenant-Governor of Vermont. He
was delegate to the convention which met in Charlestown, Jan. 16,
1781, and afterwards, at Cornish, one of the committee to make a re-
port relating to towns west of what was called the "Mason Patent,"
with a view to union with Vermont. In 1781 he represented Lebanon
in the Vermont assembly. He became chief-justice of the supreme
court of Vermont, and in 1782 a delegate to congress. In December,
1781, he was a major-general of the militia of the state, and authorized
to call them out to repel New Hampshire forces " force by force." He
left many valuable papers, which it is said went into the hands, first, of
a grandson. Col. Elisha Payne Jewitt, of Montpelier, and afterwards
were in possession of the late Henry Stevens. — Ed.
FAILURE OF UNION WITH VERMONT. 289
Letter front the Convention at Windsor^ signed by Joseph
Marsh, Chairman, to Henry Lanre7is, President of Con-
gress.
[p. 93.] Windsor, on the New Hampshire
Grants, October 23, a d 1778.
Sir
May it please your Excellency :
The Assembly of the State of Vermont had a report laid
before them on the 13*'' Instant, signed by Col: Ethan
Allen, purporting that Congress had received sundry mat-
ters of information or complaint relative to the proceedings
of the N^ Hampshire Grants, and which they had deter-
mined to take into consideration ; but at his solicitation
were deferred, till opportunity might be had to communi-
cate the intelligence to the people on those Grants; — re-
specting which we beg leave in justice to our cause to
remark that Col. Allen nor any other person (that we know
of) has as yet been authorized by the people on those Grants
to appear in their behalf at Congress, (except those persons
who preferred a petition which was dismissed last year) &
which measure they had omitted from an apprehension that
Congress were desirous not to be troubled with the matter
at present. Nor do we by this mean any thing further, than
to inform them that, on the above mentioned representation,
and copies of letters from the Hon^^® the President of the
Council of New Hampshire to their members at Congress,
and to Governor Chittenden, the Assembly of Vermont in
a Committee of the whole agreed o